What is the effect of a constable’s evidence at a motor vehicle adjudicator's hearing?
British Columbia, Canada
The following excerpt is from Walji v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1906 (CanLII):
In this case the adjudicator explains the constable’s evidence and why she was persuaded by it. For example, on the refusal issue she noted the constable’s evidence was entitled to more weight as it was more consistent with the amount of time that had passed between the constable’s demand and the time of refusal (Bisaillon v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 892 at para. 15).
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