Driver's licence suspension upheld; 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.
He argued that he was unable to comply with the demand due to medical reasons, specifically PTSD, generalized anxiety disorder, and withdrawal from an antidepressant.
The Licence Appeal Tribunal found the appellant's medical evidence, consisting of a letter from a physician who had not seen him in person for two years, to be non-specific and insufficient.
The Tribunal preferred the police officer's evidence that the appellant understood the demand but refused by walking away.
The appeal was dismissed and the suspension confirmed.
OLATOntario Licence Appeal TribunalJan 15, 2025
