Today the Supreme Court ruled that the taking of samples for the purpose of a 90-day IRP is a violation of sections 8 and 10(b) of the Charter of Rights. We have taken the position since the legislation was introduced that using ASD results to harshly punish an individual is a violation of sections 8 […]
IRPs – What we’ve argued all along Continue Reading »
Today, November 30, 2011, at 10:30 a.m. the British Columbia Supreme Court released its decision concerning certain challenges to the constitutional validity of the Immediate Roadside Prohibition (IRP) legislation. The court has ruled that the ARP legislation infringes s. 8 of the Charter insofar as it concerns the prohibition, penalty and costs arising from the screening
Court Decision on Constitutional Validity of IRP Scheme Continue Reading »
Owning and operating a small business is challenging but very rewarding. With all the things you have to look after to run a successful business, the last thing you want to worry about are Human Resource Problems. The reality, however, is that failing to squarely address human resource problems can result in significant cost and
Small Business Owner with Human Resource Problems? Continue Reading »
We receive many calls each week regarding the ASDs in Port Moody and the problem with their calibration. We have not had confidence in the government to address the issue, so in October we took the problem directly to the media. Although we have many concerns with the BC Government’s Immediate Roadside Prohibition scheme, one
Port Moody Police and Improperly Calibrated ASDs Continue Reading »
September 20th, 2011 marked one year of Immediate Driving Prohibitions in British Columbia. Although the law has been constitutionally challenged, no decision has yet been made. You can read more about the Constitutional challenge in my earlier blog post, located here. Since the challenge, things have not changed. Individuals in British Columbia are still being
It’s been over a year… Continue Reading »
What is it? Until the Immediate Roadside Prohibition laws were introduced in British Columbia last year, the Approved Screening Device, which many people simply refer to as the roadside breath tester, was intended to provide a quick and easy way for the police to assess a driver’s sobriety without detaining them for a lengthy investigation.
The approved screening device Continue Reading »
Since September, 2010 the BC Government has been issuing drivers in the province Immediate Roadside Prohibitions if they fail an Approved Screening Device test or if they refuse to comply with an Approved Screening Device demand. The Approved Screening Device is the roadside breath tester used in these cases. If you have received a 90-day
What to do if you get an immediate roadside prohibition Continue Reading »
The constitutional challenge to the Immediate Roadside Prohibition regime was heard in the B.C. Supreme Court last week. The arguments have all been completed now, so all there is left to do is wait for the judge to make his ruling about whether the IRP regime violates the Constitution or the Charter. There were two main arguments advanced in challenging
Immediate roadside prohibition challenge Continue Reading »
A Nova Scotia man has had an 8 and a half year prison sentence for impaired driving upheld by the Province’s Court of Appeal. He was convicted in February of impaired driving, leaving the scene of an accident, and driving while prohibited. He is also subject to a lifetime driving ban. The Criminal Code sets out
Court of appeal upholds 8.5 year sentence Continue Reading »
A British Columbia study was recently conducted to determine the percentage of drivers who use marijuana before operating a motor vehicle. Drivers in Vancouver, Saanich, Abbotsford, Prince George and Kelowna were tested orally between the hours of 9pm and 3am. Of the nearly 3000 drivers who participated in the study, more than 200 tested positive
Marijuana use and driving Continue Reading »
I’m sure that many British Columbians have now heard about the traffic accident that took place in Kelowna, BC, resulting in injury to four individuals. The driver of the vehicle has been arrested and charged with impaired driving causing bodily harm, dangerous operation of a motor vehicle causing harm, driving while over .08, driving while suspended
Impaired driving in BC – When police decide to charge Continue Reading »
Arrests for impaired driving are not the only consequences that can flow from alcohol. For John Galliano, whose blood alcohol level was reported to be 101mg in 100mL of blood at the time of his arrest, I’m sure he’s well aware of this fact. He was recently arrested at a cafe in Le Marais after
John Galliano suspended from Dior Continue Reading »
