What is the current state of the law on the interpretation of evidence in a roadside prohibition application review?
British Columbia, Canada
The following excerpt is from Byron v British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 1125 (CanLII):
In the immediate roadside prohibition application review scheme the courts have drawn a distinction between: “(1) adjudicators applying knowledge or expertise to the interpretation of evidence properly before them and known to the driver; and (2) the prohibited approach of using specialized knowledge unavailable to the driver, in the place of evidence” (Ergen v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 643, at para 24).
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