Does the fact that a driver provides evidence capable of refuting the blood alcohol concentration test results do not mean that the adjudicator is unable to decide?
British Columbia, Canada
The following excerpt is from Costain v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1426 (CanLII):
The fact that a driver provides evidence capable of refuting the [blood alcohol concentration] test results does not mean that the adjudicator is left in the position of being unable to decide. Whether there is conflicting evidence or not, the adjudicator’s decision will be based on the review record. It is for the adjudicator to decide what evidence in that record to accept, and what to reject. In this respect, I agree with the following from the judgment of Madam Justice Gray in Shadow v. British Columbia (Superintendent of Motor Vehicles), 2002 BCSC 790, 29 M.V.R. (4th) 145:
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