Driver's licence suspension appeal dismissed; appellant's claim of being a different 'person' rejected.
The appellant appealed a 90-day administrative driver's licence suspension imposed under s. 48.3 of the Highway Traffic Act for failing to surrender his licence and refusing to provide a breath sample.
The sole ground of appeal was that he was not the same individual to whom the demands were made, claiming he was a separate person from the one apprehended.
The Tribunal found that the appellant was positively identified by the arresting officer and admitted in cross-examination that one of his 'selves' was the driver.
The appeal was dismissed and the suspension confirmed.
OLATOntario Licence Appeal TribunalSep 5, 2019