Can an adjudicator who inserts his own opinion about mouth contamination in a review of a driver’s blood test for an invalid reading without giving the driver a chance to respond?
British Columbia, Canada
The following excerpt is from Ergen v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 643 (CanLII):
In Breakey v. British Columbia (Superintendent of Motor Vehicles), 2000 BCSC 1815, the adjudicator was found to have acted unfairly by inserting his own opinion about the alternate cause of an invalid sample reading, without giving the driver an opportunity to respond or even consider the implications of that opinion. A distinguishing feature in that case was that the driver had submitted an expert opinion on the review, explicitly raising the possibility of mouth alcohol contamination. There was also no specific evidence of behaviour by the driver that made it likely that such contamination had occurred.
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