What is the test for revoking a driving prohibition?
British Columbia, Canada
The following excerpt is from Markle v. British Columbia (Superintendent of Motor Vehicles), 2001 BCSC 1772 (CanLII):
The function of the Superintendent (or the delegated Adjudicator) is to determine on a balance of probabilities whether the person operated or had care and control of a motor vehicle when they were “over .08” or refused to comply with a demand for breath or blood sample without a reasonable excuse. (See: Larose v. Superintendent of Motor Vehicles, 2000 BCSC 325.) Once the Superintendent has made such a determination, he either confirms or revokes the driving prohibition.
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