Licence suspension upheld; appellant failed to prove medical inability to provide breath sample.
The appellant appealed the 90-day administrative suspension of his driver's licence for failing to provide a breath sample, arguing he was medically unable to do so due to a prior chest injury.
The Licence Appeal Tribunal dismissed the appeal, finding the appellant failed to provide sufficient medical evidence to establish his inability to provide a suitable sample.
The Tribunal accepted the investigating officer's evidence that the appellant made no medical complaints at the time and was non-compliant with instructions.
OLATOntario Licence Appeal TribunalAug 21, 2020