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BC drunk driving laws will continue to be battled in court

BC drunk driving laws will continue to be battled in court

We will fight these cases in court says Doroshenko

Drunk driving charges in British Columbia are likely to continue to be battled in court, despite a recent decision from the Supreme Court of Canada, say lawyers familiar with the case.

“This spin that they’ve had all along that this is the toughest drunk driving law in the country is absolute garbage,” said Doroshenko.

Earlier this year, RCMP in Tofino and Vernon calibrated their breathalyzers with the wrong gas, according to documents obtained through a freedom of information request. As a result, 51 drivers had their suspensions reversed.

Lawyers worry there could be others who get punished, even though they’re not actually impaired.

“You’re running a huge risk if you drink and you drive, period. But there is the increased risk here because of unreliable readings,” said defence lawyer Paul Doroshenko.

Doroshenko said complicating matters is the fact that the government doesn’t make maintenance records for the device readily available, or allow police to be cross-examined.

The province’s Attorney General, Suzanne Anton, said 260 lives have been saved since B.C. enacted the law; nearly 19,000 drivers get caught each year in B.C.

Defence lawyer Paul Doroshenko says B.C.’s drunk driving laws have effectively decriminalized drunk driving.

“This spin that they’ve had all along that this is the toughest drunk driving law in the country is absolute garbage,” said Doroshenko.

“It’s actually become an administrative matter … It’s no longer something where you’re facing a criminal charge.”

Doroshenko says he still wins most of his drunk driving cases under the new law, and he warns people that they can blow a fail if they use mouth wash, or have just one drink.

He advises drivers who think they have wrongly blown…

Read More: http://www.cbc.ca/news/canada/british-columbia/drunk-driving-bc-courts-1.3276170

BC drunk driving laws will continue to be battled in court was last modified: by

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2 Comments

  • brian alexander
    Reply July 5, 2017 at 3:13 pm

    correct me if I am wrong…but those people they incorrectly charged and possible ruined parts of their lives and caused damage- mentally physically and financially should have their damages paid for by government should they not?

    if it were a private corporation it would be liable for damages, however government has this immunity about them where in they seem to feel they are above the law; not having to pay damages they incurred at the hands of officers or bureaucrats.

    please explain this legal loophole? is it a case of lawyers not having the courage to file such a claim, or is it that the BAR society would come down on any lawyer who would do such a thing?

    how is it that governmetn thinks it is above the law?

    • Paul Doroshenko
      Reply July 6, 2017 at 1:44 pm

      The Court of Appeal confirmed in an IRP case last year that the government could create unfair systems, unfair schemes and really draconian laws so long as those laws don’t violate the Charter of Rights.
      That’s the state of things. We can only hope the new government is more interested in injecting fairness into the system.

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