The applicant was convicted of refusing to provide a breath sample and sentenced to a fine, probation, and a 12-month driving prohibition.
She appealed the conviction and applied for a stay of the driving prohibition pending the appeal.
The court applied the test for a stay pending appeal, finding that the appeal was not frivolous, continuation of the prohibition was not necessary in the public interest, and granting the stay would not detrimentally affect public confidence in the administration of justice.
The application for a stay was granted.
