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B.C. Supreme Court takes another swipe at drunk-driving enforcement

B.C. Supreme Court takes another swipe at drunk-driving enforcement

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 […]

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Judge criticizes standards of proof used for roadside prohibitions

Judge criticizes standards of proof used for roadside prohibitions

B.C. Supreme Court Justice Mark McEwan has torn a strip off the province’s anti-drunk-driving scheme, quashing an Immediate Roadside Prohibition handed to a drunk, naked man in a van who claimed not to have keys for the vehicle. In a judicial review, he criticized as “specious” and “illogical” a Superintendent of Motor Vehicles adjudicator’s ruling

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Drivers face double standard with drug-related suspensions

Drivers face double standard with drug-related suspensions

B.C.’s Superintendent of Motor Vehicles is looking to change the province’s laws so drivers allegedly impaired by drugs can appeal 24-hour roadside suspensions. Both alcohol and drug-related 24-hour suspensions are issued under different parts of Section 215 of the Motor Vehicle Act. While drivers allegedly impaired by alcohol have the right to a review, drivers

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Critics of drunk-driving laws take aim at screening devices

Critics of drunk-driving laws take aim at screening devices

The provincial Justice Minister is standing by the province’s drunk-driving laws despite increasing criticisms of the program over the review process for roadside prohibitions, and concerns about unreliable screening devices. This week, the B.C. Supreme Court quashed a ban that had been upheld after review, because the government had relied on a report that should

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Ruling could lead to quashing of hundreds of drunk-driving bans, lawyer says

Ruling could lead to quashing of hundreds of drunk-driving bans, lawyer says

Critics of British Columbia’s immediate bans for impaired driving have a new arrow in their quiver in defending drunk-driving bans, after the B.C. Supreme Court ruled on Monday that a government report on the roadside screening devices should have been inadmissible during the review process. The report was used by a government adjudicator to reject

Ruling could lead to quashing of hundreds of drunk-driving bans, lawyer says Continue Reading »

B.C. drivers have one-in five chance of getting roadside ban overturned

B.C. drivers have one-in five chance of getting roadside ban overturned

VANCOUVER — British Columbia has one of the country’s toughest drunk driving laws, but if drivers choose to challenge a roadside ban and the penalties and fines that come with it, they have at least a one-in-five chance of getting of getting roadside ban overturned. The Office of the Superintendent of Motor Vehicles says in

B.C. drivers have one-in five chance of getting roadside ban overturned Continue Reading »

B.C. Supreme Court rules against government’s report on breathalyzers

B.C. Supreme Court rules against government’s report on breathalyzers

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

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Province could end up paying millions in refunds to drunk drivers

Province could end up paying millions in refunds to drunk drivers

The provincial government has offered $2,000 refunds to hundreds of motorists who received immediate roadside suspensions for drinking and driving. A lawyer for some says the letter is an acknowledgment Victoria should not have additionally penalized all suspended drivers by forcing them to install an ignition breathalyzer lock on their vehicles and attend a responsible

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