What is the test for impaired drivers when the only symptom of impairment is a strong odour of alcohol?
British Columbia, Canada
The following excerpt is from Cross v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 140 (CanLII):
In Morabito v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 437, the petitioner’s only symptom of impairment, as in the instant case, was a strong odour of alcohol. The petitioner argued that the adjudicator erred by reasoning that a strong odour of liquor was not consistent with consuming alcohol two or three hours earlier.
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