Our client received an Immediate Roadside Sanction (IRS) for operation of a vehicle while impaired. Anny Wang and Matthew Tumbach immediately recognized that our client did not “fail” his breath test and, due to a significant language barrier, also did not understand his right to a roadside appeal. Anny and Matthew prepared written submissions and represented our client at a hearing to review the IRS. As a result, the IRS was cancelled, our client’s drivers’ license was restored, and their vehicle was returned.

Our client failed to heed a stop sign, causing a high speed collision with multiple injuries and fatalities, and was charged with dangerous driving causing death and dangerous driving causing bodily harm. Though such offences typically carry significant jail terms, Anny Wang presented the Crown prosecutor and the Court with information about the client’s grief and remorse, clear and limited driving record, relative youthfulness, and contribution to the community, and negotiated a conditional sentence order to be served in the community.

Our client was issued Immediate Roadside Sanctions for impaired driving, which were scheduled for a review before a SafeRoads adjudicator. Despite submissions and evidence of our client not in operation of a vehicle while impaired by alcohol, specifically that he was stopped while on foot and not behind the wheel, the Immediate Roadside Sanctions were confirmed by the adjudicator. Anny Wang filed for a Judicial Review of the adjudicator’s decision to the Court of King’s Bench. After submissions and affidavits were filed by Anny Wang, the Director’s legal counsel filed a stay of penalty and conceded the case. The Immediate Roadside Sanctions were subsequently cancelled, our client’s driving licence restored, and his tow and vehicle seizure fees refunded.

Our client was charged with impaired driving, operation while impaired by drugs, and dangerous driving. Anny Wang reviewed police helicopter footage, which confirmed that the licence plate and make and model of the vehicle was registered to our client. It also recorded our client, identified as the driver by arresting officers at the scene, driving at high speeds, swerving, and even driving backwards in a residential neighbourhood until his vehicle was rammed by police cruisers. The helicopter footage also showed the police engaging in unnecessary and excessive force against our client during arrest. After bringing this Charter rights violation to the Crown prosecutor, Anny Wang was able to negotiate a plea to only the dangerous driving charge, despite our client’s confession on the record to being impaired by methamphetamines at the time of driving. After a contested sentencing hearing, the client received a 12-month driving prohibition and no long term criminal record.

Our client was subject to a traffic stop and issued a Notice of Administrative Penalty for operating a motor vehicle while impaired by alcohol. Anny Wang scheduled an Immediate Roadside Sanction review. Before the SafeRoads Adjudicator, Anny Wang argued that the issuing peace officer, by providing our client’s documentation to his wife when they dropped him off at home, failed to advise our client in writing of his right to a roadside appeal and undermined his ability to exercise that right. The SafeRoads Adjudicator agreed with Anny Wang and cancelled the Notice of Administrative Penalty, restoring our client’s ability to drive.

Our client was issued a Notice of Administrative Penalty (NAP) for operating a motor vehicle while impaired by alcohol. Anny Wang requested a Review of the NAP before a SafeRoads Adjudicator. She argued that the Director’s failure to provide the calibration and maintenance data for the roadside approved screening device used in the roadside breath test by our client, as well as the Director’s failure to provide video footage referred to by the issuing police officers in their narrative, were failures to provide complete records to the Recipient as required by the Provincial Administrative Penalties Act. The Adjudicator agreed and found that Anny Wang established a ground to cancel every basis of the NAP. Our client’s driver’s licence was reinstated, their immediate roadside sanctions were lifted, and their vehicle was released (seizure costs also reimbursed)

The same client was issued a second Notice of Administrative Penalty for a separate incident several years later, again for operating a motor vehicle while impaired by alcohol. Anny Wang argued, before the SafeRoads Adjudicator, that the Director of SafeRoads did not provide complete records to our client. Anny Wang explained to the Adjudicator that the Director failed to provide the requisite calibration and maintenance data for the approved roadside screening device used by the issuing peace officer during the impaired driving investigation and failed to meet the procedural fairness requirements by not providing existing video recordings. The SafeRoads Adjudicator agreed with Anny Wang and cancelled the Notice of Administrative Penalty, restoring our client’s ability to drive for a second time.