Licence suspension appeal dismissed; appellant failed to prove medical inability to provide breath sample.
The appellant appealed a 90-day administrative driver's licence suspension imposed after he failed to provide a breath sample at the police station.
The appellant argued he was unable to provide a sample due to a medical reason, specifically acid reflux for which he takes medication.
The Tribunal found that the appellant failed to establish that his medical condition impaired his ability to provide a breath sample, noting his own testimony that neither his medication nor his acid reflux prevented him from blowing into the breathalyzer.
The appeal was dismissed and the licence suspension was confirmed.
OLATOntario Licence Appeal TribunalJun 27, 2025
