Driver's licence suspension confirmed; asthma and panic attack did not excuse refusal to provide breath sample.
The Applicant appealed a 90-day administrative driver's licence suspension imposed by the Registrar of Motor Vehicles after she failed to provide a breath sample.
The Applicant argued she was unable to blow into the breathalyzer due to asthma, chronic bronchitis, and a panic attack, and presented a doctor's note stating she had asthma.
The Tribunal found the Applicant's medical evidence insufficient to prove she was incapable of attempting to provide a breath sample, noting her recent activities and lack of severe respiratory distress.
The Tribunal concluded the Applicant used her medical condition as an excuse to avoid the test and confirmed the Registrar's decision to suspend her licence.
OLATOntario Licence Appeal TribunalAug 8, 2012
