In a ruling that could result in thousands of appeals of drunk driving suspensions, the B.C. Supreme Court has ruled that a government report on breathalyzers was not admissible in a particular case.
Justice Richard Goepel’s ruled that the Superintendent’s Report on Approved Screening Devices was inadmissible in an Immediate Roadside Prohibitions review hearing. Paul Doroshenko, a Criminal Lawyer with Acumen Law, says the government’s report doesn’t comply with the Motor Vehicle Act.
“These roadside breath testers have problems and were never intended to be used for this,” he says. “Anyone who conducted a hearing to review their prohibition and were unsuccessful and the government referred to the superintendent’s report, all of those people should be in a position to look at appealing that decision.”
How the government reacts to this ruling is yet to be seen. Sam McLeod, the Superintendent of Motor Vehicles, confirmed that he has received the ruling, but says it’s too early to comment.
But Doroshenko estimates that potentially thousands of people who received immediate driving suspensions could appeal their case.
“We’re going to be filing appeals for many other cases in the next few weeks,” he says.
“We’re just getting started.”
Listen to an interview with Paul Doroshenko regarding the court’s ruling.
Read More: B.C. Supreme Court rules against government’s report on breathalyzers
http://globalnews.ca/news/776685/b-c-supreme-court-throws-out-governments-list-of-approved-breathalyzers