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 suspended for drug use either have to convince the ticketing officer to reconsider or file a petition in B.C. Supreme Court for a judicial review.
Vancouver lawyer Kyla Lee, who specializes in drinking-driving related cases, says the lack of a formal review process places an undue burden on people accused of driving while impaired by drugs.
“It does seem like people are being treated differently, and certainly it raises concerns for me about access to justice and about people’s ability actually to challenge these prohibitions,” Lee said.
“Not every prohibition is validly or justly issued, and there’s a danger here that innocent people are being issued these prohibitions that have more consequences than just removal from the road for 24 hours.”
In 2012, the Superintendent of Motor Vehicles issued 7,326 24-hour suspensions for alcohol and 3,800 suspensions for drugs. Of the alcohol-related cases, 172 drivers appealed and the Superintendent revoked 33 suspensions.
Lee says the impact of a roadside suspension can last a lot longer than 24-hours. The penalty can be used as the basis for a longer driving prohibition, and the fact of the suspension becomes part of a driver’s record.
“It will say ’24-hour prohibition’ and then there will be a dash and then it will say the reason for it: alcohol or drugs,” she said.
“I think the public is largely uninformed… about the significance of the consequences that can result from one of these on your driving record.”