Close X
Friday, January 10, 2025
ADVT 
National

Supreme Court Agrees To Hear 2 Challenges To BC's Impaired Driving Laws

The Canadian Press Darpan, 27 Nov, 2014 03:41 PM
    VICTORIA — The Supreme Court of Canada has agreed to hear a pair of British Columbia cases involving seven drivers stopped by police at roadside checks.
     
    One of the cases involves a man who got a warning reading after blowing into a roadside screening device.
     
    Lee Michael Wilson received a three-day driving ban in September 2012 after the roadside device registered a blood-alcohol level in the warning range.
     
    An officer noted Wilson had an odour of liquor on his breath and Wilson admitted to having four beers hours earlier.
     
    Wilson was subsequently issued a three-day driving prohibition, but he challenged that, arguing there was no evidence, other than the warn reading, that his ability to drive was affected by alcohol.
     
    A B.C. Supreme Court judge agreed and dismissed the roadside prohibition.
     
    But the B.C. Court of Appeal later overturned the lower court's ruling.
     
    The other case involves six B.C. drivers who either refused to give a breath sample or registered a fail on a roadside screening device.
     
    They were issued 90-day roadside driving prohibitions but challenged the law, saying the provincial government's amendments to impaired driving laws went beyond its jurisdiction and violated their charter rights.
     
    Under the law, drivers found to have a blood alcohol content of .05 or over are registered in the warn range by the screening device and given a three-day driving suspension.
     
    Motorists with a level of .08 or over are registered by the device in the fail range and get an automatic 90-day driving prohibition, the same as for drivers who refuse to provide breath samples.
     
     
    Drivers who fail or refuse roadside screening tests can also be fined up to $500, have their licences suspended, their vehicles seized and be required to pay for remedial driving programs.
     
    The total cost, including impoundment, towing and storage fees and the use and installation of an ignition interlock device, aside from legal costs, is estimated at $4,060.
     
    B.C.'s Attorney General Suzanne Anton said Thursday that the province is very confident about its program but that she didn't wish to comment much more while the case is before the high court "except I will add, of course, that we calculated that it has saved 227 lives over the last three years. 
     
    "If the Supreme Court gives us further direction on how to run the program, obviously we will be taking that direction," she said. "We are very satisfied with this program that makes British Columbia's highways safer."
     
    Anton said she's confident that the road-side screening devices are reliable.
     
    "Operationally, those are within the purview of the police department," she said. "People want the court to look at them. We're fine with that."
     
    The province was forced to amend its tough impaired driving law two years ago after a B.C. Supreme Court judge struck down portions of the statute as unconstitutional. The amendments allow drivers an avenue to appeal roadside prohibitions.
     
    Last year, the government announced that motorists penalized during the period where the law was found to be unconstitutional would get a partial refund.
     
    The thrust of the legislation was introduced to honour four-year-old Alexa Middelaer who was killed by a drunk driver in 2008.

    MORE National ARTICLES

    Red Chris mine failure would likely be much worse than Mount Polley

    Red Chris mine failure would likely be much worse than Mount Polley
    ISKUT, B.C. — A third-party review into the design of a northwestern B.C. gold and copper mine says it has the potential to cause significantly more environmental damage than the Mount Polley breach.

    Red Chris mine failure would likely be much worse than Mount Polley

    Eaton Centre shooter to undergo psychiatric assessment

    Eaton Centre shooter to undergo psychiatric assessment
    TORONTO — Prosecutors are seeking a psychiatric assessment for the man accused of fatally shooting two people and injuring several others at Toronto's Eaton Centre.

    Eaton Centre shooter to undergo psychiatric assessment

    More women serving on corporate boards, but not yet enough, says study

    More women serving on corporate boards, but not yet enough, says study
    TORONTO — A new study suggests that while number of women on the boards of top Canadian companies is improving, there still is ”significant work to be done.”

    More women serving on corporate boards, but not yet enough, says study

    Mulcair says dismal byelection results don't predict general election outcome

    Mulcair says dismal byelection results don't predict general election outcome
    OTTAWA — Tom Mulcair is shrugging off the NDP's dismal performance in byelections.

    Mulcair says dismal byelection results don't predict general election outcome

    Police search for 2 men who robbed jewelry store using burka disguises

    Police search for 2 men who robbed jewelry store using burka disguises
    TORONTO — Two men disguised themselves as women in burkas while robbing a jewelry store in Toronto in the first such case in the city, police alleged Wednesday as they released security video of the incident.

    Police search for 2 men who robbed jewelry store using burka disguises

    Misconduct hearing begins for senior cop charged in relation to G20 mass arrests

    Misconduct hearing begins for senior cop charged in relation to G20 mass arrests
    TORONTO — A disciplinary hearing is now underway for the most senior police officer charged in relation to the mass arrests during the G20 summit in Toronto four years ago.

    Misconduct hearing begins for senior cop charged in relation to G20 mass arrests