Fourteen out of 174 roadside suspensions issued by Port Moody police in 2011 will be overturned after an independent investigation found the suspensions were based on readings of improperly calibrated breathalyzers.
The findings, announced Thursday, were forwarded to the Superintendent of Motor Vehicles, which said it will be contacting the 14 drivers to cancel their immediate roadside prohibitions and penalties, and work with Port Moody police to reimburse them.
But the Vancouver lawyer who first called attention to the faulty breathalyzers in October 2011 criticized police for taking more than a year to take action, while some drivers who may be innocent have suffered, were levied more than $4,000 in fines and fees, and lost driving privileges and jobs.
“They’re trying to reduce the damage to themselves,” said Paul Doroshenko. “I think they know the lawsuit is coming.”
Tougher drunk-driving rules enacted in 2010 mean drivers who blow over the legal limit can face an automatic 90-day driving suspension and fines.
In 2011, the B.C. Supreme Court struck down part of the law as unconstitutional. Last year, the provincial government changed regulations, allowing drivers to challenge roadside breathalyzer results and requiring police to submit documents on the device’s calibration.
Doroshenko maintains his criticism of the immediate roadside prohibitions, calling it “punishment without trial.”
“It’s horrendous. It’s a terrible system we’ve adopted that says someone is guilty until they’re proven innocent.”