Is it reasonable and probable grounds to conclude that a driver who has received a 24-hour roadside prohibition accepts the infraction for which the prohibition was issued?
British Columbia, Canada
The following excerpt is from Gyles v. British Columbia (Superintendent of Motor Vehicles), 2004 BCCA 541 (CanLII):
It is not suggested, nor in my view could it be, that the petitioner did not have an opportunity to dispute the existence of reasonable and probable grounds to support the officer’s belief. Where a driver who has received a 24-hour roadside prohibition does not dispute the prohibition, it is not unreasonable to conclude that the driver admits the infraction for which the prohibition was issued. In Scheffer v. B.C., 2004 BCSC 258, the learned chambers judge said:
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