Facts: At 9:45 pm DW was pulled over by the police driving her vehicle in a parking lot. The officer noted the odour of liquor on her breath and entered into an impaired investigation. DW was asked if she drank anything and she replied she had had a glass of wine an hour earlier. She was given 2 breath tests on two separate ASDs. Both ASD tests were taken within 6 minutes of DW being pulled over by police. Both ASD test results were FAIL readings. On the IRP appeal DW indicated by written statement that she was nervous and lied to the police at the police stop about her consumption pattern as it related to alcohol consumption. She indicated that she had actually consumed 2 glasses of red wine in a period of time from one hour before the police stop until about 5 minutes before the police stop. An alcohol forensic report (from Nizar Shajani) was produced on the appeal that showed the a drink taken within 15 minutes of both ASD could result in “mouth alcohol” (residual alcohol left in the mouth for a period after a last drink) producing FALSE FAIL results on an ASD. Decision: The SMV’s adjudicator on the IRP found as follows: “ I am not satisfied that the ASD was reliable. As a result of my findings I revoke your driving prohibition, monetary penalty and vehicle impoundment as required by s. 215.5(4) of the Act. (June 2013)
