The B.C. Supreme Court has rapped the provincial government’s knuckles for penalizing allegedly impaired motorists under the original version of the anti-drunk driving scheme after it was struck down. Victoria had no authority after June 30, 2012 — the deadline to fix the flawed sections of the Motor Vehicle Act — to impose certain Immediate
Court quashes penalties imposed under invalid drunk-driving law Continue Reading »
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
B.C. Supreme Court takes another swipe at drunk-driving enforcement Continue Reading »
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
Judge criticizes standards of proof used for roadside prohibitions Continue Reading »
Peter Norman feels vindicated. The grandfather has been told it was the police, not him, who did something wrong. The Superintendent of Motor Vehicles notified him by letter of what he suspected all along. He shouldn’t have been given an immediate roadside prohibition when he was merely a passenger in a car. He’s glad he
Impaired Passenger Cleared Continue Reading »
The B.C. superintendent of motor vehicles says he was unable to correct the wrongful punishment of a pensioner for drunk driving, even though he was a passenger in a car driven by his stone-cold sober grandson. The man did not file an appeal under the provisions of the controversial legislation that came into effect in
Grandpa’s punishment highlights gap in drunk-driving laws Continue Reading »
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
Drivers face double standard with drug-related suspensions Continue Reading »
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
Critics of drunk-driving laws take aim at screening devices Continue Reading »
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 »
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 »
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
B.C. Supreme Court rules against government’s report on breathalyzers Continue Reading »
It’s been nearly two years since the Stanley Cup riot in Vancouver and ICBC is now launching a civil claim in the Supreme Court of British Columbia against 46 people who have been charged or convicted for their actions in the riot. ICBC says they are seeking damages after paying out about half a million
ICBC sues riot suspects Continue Reading »
The first rioter to plead not guilty and go to trial is not going to jail. Spencer Kirkwood is facing a 30-day conditional sentence and two years probation for his role in the 2011 Stanley Cup riots. Is this a fair sentence? Criminal lawyer Paul Doroshenko joins host Michael Eckford to break down the sentence
Top Story: Stanley Cup Riots Continue Reading »
