Administrative driver's licence suspension set aside as panic attack constituted valid medical reason for failing breath demand.
The Appellant appealed a 90-day administrative driver's licence suspension imposed for failing to provide a breath sample.
The Appellant argued she was unable to comply with the breath demand due to a panic attack, which constituted a medical reason under section 50.1(2)(b) of the Highway Traffic Act.
The Tribunal accepted medical evidence from the Appellant's family doctor and a psychiatrist confirming her history of generalized anxiety disorder and panic attacks.
Finding the Appellant credible and that her panic attack prevented her from providing a sample, the Tribunal set aside the licence suspension.
OLATOntario Licence Appeal TribunalOct 3, 2014
