Is there any case law that upholds a roadside prohibition where there is no evidence that the device is functioning properly?
British Columbia, Canada
The following excerpt is from Polson v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 700 (CanLII):
The respondents cite Pan v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1766, where Fisher J. confirmed the decision of an adjudicator upholding a roadside prohibition notwithstanding the absence of evidence concerning the device that was used and whether it was functioning properly.
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