Dr. Roger Goldstein

The appellant appealed a 90-day administrative driver's licence suspension imposed for failing to provide a breath sample.

She argued that her severe asthma and anxiety prevented her from providing a satisfactory sample despite 12 attempts.

The Tribunal preferred the police evidence and the respondent's medical consultation report, finding that a history of asthma alone does not justify a refusal without a pulmonary function test confirming an inability to provide a sample.

The suspension was confirmed.