The appellant appealed a 90-day administrative driver's licence suspension imposed under s. 48.3 of the Highway Traffic Act for failing to provide a suitable breath sample.
The appellant argued she was unable to comply with the breath demand due to medical reasons, specifically asthma, a recent respiratory illness, and anxiety.
The Licence Appeal Tribunal found the appellant's medical evidence, consisting of a letter from her family physician, to be vague and insufficient to establish that she was medically unable to provide a sample.
The Tribunal preferred the evidence of the breath technician, who testified that the appellant made 18 attempts without blowing sufficient air, despite showing no signs of respiratory distress.
The appeal was dismissed and the suspension confirmed.