What is the legal basis set out in a petition seeking to overturn a prohibition on driving under the influence of alcohol?

British Columbia, Canada


The following excerpt is from Evans v New Westminster (Police Department), 2018 BCSC 707 (CanLII):

The legal basis set out in the petition is merely that the appropriate standard of review is reasonableness and that the officer made an unreasonable decision in issuing the notice and “did not have reasonable grounds to believe the Petitioner’s ability to drive was affected by alcohol [sic].” It also notes there was not sufficiently bad driving nor were there sufficient symptoms of drug use to warrant the prohibition on reasonable grounds. This is minimalist; appearing to be a rote recitation of general grounds unconnected to the facts at issue; and does not fully comply with the requirements under the Rules. The petitioner has not alleged a competing reasonable alternative narrative or interpretation of the events as per Kumar v. British Columbia (Attorney General), 2017 BCSC 803 at paras. 28-30.

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