S (Re), 2023 ABSRA 1469 Dismissed charges – NAP cancelled

In Sidhu (Re), 2023 ABSRA 1469, on July 13, 2023, a peace officer conducted a traffic stop and issued a Notice of Administrative Penalty (NAP) to the Recipient for having a blood alcohol concentration over 80 mg% within 2 hours of ceasing to operate a motor vehicle. The Recipient applied for a written review on July 17, 2023.

Key Facts

The officer responded to a complaint about the defendant’s driving, found her at home with the vehicle parked outside, and observed alcoholic beverages in the car. The defendant admitted to drinking after parking and failed both initial and roadside appeal breath tests on approved screening devices (ASDs).

Decision Grounds

The NAP was cancelled on two grounds:

• Incomplete Records (Section 4(f)(iii)): The Director failed to provide complete records as required, specifically the expiry date of annual maintenance for ASD #147693 used in the roadside appeal, as the device tag was positioned so the service date wasn’t visible.
• Procedural Unfairness: Following Smit v Alberta, the Director failed to provide disclosure of police audio/video footage or confirm its non-existence, breaching procedural fairness requirements.

Outcome

The NAP was cancelled, and the defendant was advised of their right to seek judicial review within 30 days and to obtain a duplicate driver’s licence within 60 days.

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