Facts: The officer indicated in his report that TL crossed the center line several times, drove slow (way below the speed limit), jerked the wheel on several occasions. Lights and siren were activated for a long period before TL pulled over. The officer indicated in his report that TL had “glowing red eyes, distant stare, disheveled hair and clothes, strong odour on breath, swayed when he walked” and officer commented that TL was “grossly impaired”. When questioned by the officer SWORE that TL apparently said “I’m not THAT drunk!”. When officer tried to administer TL the breath tests at the roadside TL informed him several times that he was having an anxiety attack. The officer wrote in his SWORN report that “TL appeared to be faking an anxiety attack to avoid providing breath samples”. The officer went on to SWEAR that he had “been around people having legitimate anxiety attacks in the past and that [TL] was not displaying any of the typical symptoms”. TL claimed at the IRP that he was having an anxiety attack and could not follow the officer’s instructions and could not cope with the situation. In the appeal a doctor’s report supporting TL’s claims regarding anxiety was submitted. The doctor confirmed that “a severe panic attack can impact on the ability to follow through on specific tasks”. Additionally TL submitted photographs of the roadway where the alleged errant driving occurred. The roadway was FULL of potholes and TL explained he drove in the manner the officer suggested PURPOSELY in order to avoid the holes in the road. Decision: “After considering the evidence before me, I place more weight on the evidence from [TL] and [the psychiatrist] and I am satisfied that you had a REASONABLE EXCUSE to fail or refuse to comply with a breath demand”. Driving prohibition revoked, no fine imposed, all towing and storage fees paid by the SMV. (May 2013).
