蘑菇视频DT/2023/140, Maruschak
After consulting the Staff Regulations and Rules and the Respondent’s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.
The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.
The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.
The evidence is clear that the Respondent’s argument that a Military Officer was authorized to conduct a breathalyzer...