Administrative licence suspension set aside as poor DRE performance was caused by diabetic neuropathy, not drug impairment.
The appellant appealed the administrative suspension of his driver's licence under s. 48.3.1 of the Highway Traffic Act, which was imposed after a Drug Recognition Evaluation (DRE) concluded his ability to drive was impaired by drugs.
The appellant argued that his poor performance on the physical tests was due to diabetic neuropathy, not impairment from his prescribed medications (morphine, Percocet, pregabalin).
The Licence Appeal Tribunal accepted the medical evidence from the appellant's family doctor confirming his neuropathy and chronic opioid use, and found the appellant's testimony credible.
The Tribunal concluded that the appellant's ability to drive was not impaired by a drug and that his medical condition impaired his performance on the evaluation.
The suspension was set aside.
OLATOntario Licence Appeal TribunalMay 9, 2022
