Does the adjudicator have any obligation or obligation to disclose medical history to police officers?

The decision of the adjudicator is not to be “parsed like a statute.” (Boyd v. Superintendent of Motor Vehicles, 2007 BCSC 114). The adjudicator was not creating a general legal onus to disclose medical history to police officers. The adjudicator simply drew a logical, common sense inference that if the petitioner’s medical condition was preventing him from providing an adequate breath sample on repeated attempts, he would more likely than not offer that explanation at the time. The fact the petitioner did not do so was, in the view of the adjudicator, more consistent with deliberate conduct. The adjudicator also drew an inference of deliberate conduct from the evidence of the petitioner blocking the tube with his tongue. Those were inferences the adjudicator was entitled to draw on the evidence and it does not matter whether the court would have drawn the same inferences.