While preparing for the federal legalization of marijuana, the provincial government has modified the Motor Vehicle Act to deal with drug-impaired driving. But one lawyer says Victoria is also quietly slipping in changes to the way drinking and driving is dealt with and they take away some of your rights.
Vancouver lawyer Kyla Lee is concerned about tweaks to the administrative driving prohibition (ADP) which can be handed out when an officer has “reasonable and probable grounds” to believe that a driver’s blood alcohol concentration exceeded the legal limit within three hours of driving, or that the person refused to provide a blood or breath sample.
“One of the biggest changes has to do with when the prohibition starts,” Lee tells NEWS 1130.
“Right now, the driving prohibitions start 21 days from the date they are served on the driver. That period of time is important because it is the time period during which an adjudicator has to make a decision. You can dispute it within seven days and the adjudicator’s decision has to be rendered in that 21 day period,” she explains.
“So before the driving prohibition goes into effect, you get a decision about whether or not it’s valid and is going to be upheld. If it’s not, then you don’t have to serve any of the driving prohibition.”
To read Mike Lloyd AND Kayla Butler’s article in full, click here.