Facts: CM left downtown after midnight after having a few alcoholic drinks at a business function and was stopped at a police roadblock. She was administered two separate ASD tests and FAILED both tests. The disclosure provided on the appeal revealed that the two ASD devices were not calibrated in the month prior to their use by the police officer. Decision: The SMV found that neither of the ASDs could be proved reliable saying “I find that the calibration dates have expired prior to this incident”. Driving prohibition revoked, no fine imposed, all towing and impound fees paid by the SMV. (May 2013)
