Facts: At 2:32 am vehicle was seen driving in reverse (northbound)on the Burrard Street Bridge to avoid a roadblock at the end of the bridge. A northbound police officer spotted the vehicle from the other side of the bridge. The officer stopped her car, exited and jumped the barricade and found the vehicle stopped on the bridge. No one was in the driver’s seat but the registered owner was in the passenger seat and two other men were in the rear of the vehicle. Other officers arrived on scene and the officers together questioned the three men about who was driver had been with inconclusive result. ASD results from the registered owner (front passenger KB) were obtained. An officer filed a report indicating that the registered owner, KB, admitted to being the driver. On the IRP appeal written Affidavits were presented that showed that the true driver was one of the men who had occupied the back seat, that he was from a different county, did not possess a proper driver’s license but really wanted to drive the registered owner’s fancy car on the evening in question. Decision: “Based upon the evidence before me I am not satisfied that you were a driver within the meaning of section 215.41(1) of the Act, at approximately 2:32 hours. Accordingly I must revoke your prohibition”. Driving prohibition revoked, no fines imposed, towing and storage fees paid by the SMV. (November 2011)
