The province’s tough anti-drunk driving program has taken another blow after a B.C. Supreme Court decision that could see thousands of immediate driving prohibitions set aside.
Justice Jane Dardi ruled in oral reasons Friday that the Superintendent of Motor Vehicles has the responsibility to overturn any prohibition issued by a police officer who hasn’t provided evidence that the driver’s abilities were affected by alcohol, even if they blew a “warn” or “fail” in a roadside breathalyzer test.
Vancouver lawyer Kyla Lee argued the case on behalf of Wendy Richardson, a driver who received an immediate 90-day roadside prohibition after blowing a “fail” when she stopped at a police road block in September. The officer she spoke with noticed an odour of alcohol on Richardson’s breath and said her eyes were bloodshot, but did not provide any evidence that her driving was affected.
“I’m very pleased obviously with the result and I’m glad for my client,” Lee said of the court’s decision. “I think it means that the law is hopefully going to be interpreted and applied in a more fair manner.”