RCMP officer performs a roadside check for drivers who may have consumed alcohol.

Province should review more roadside driving bans: NDP

Justice Minister sees no problem after court overturns suspension

The NDP’s justice critic is urging the province to overhaul its process for reviewing roadside driving bans imposed on drinking drivers in light of a recent court ruling.

Leonard Krog said the government should proactively offer to re-review other cases if the procedure for weighing challenges turns out to have been incorrect.

The B.C. Supreme Court this month quashed one roadside driving ban that had been upheld in the review process, deciding a report setting out guidelines for use of alcohol screening devices was inadmissible.

Defence lawyers say the ruling could be grounds for many more roadside prohibitions to be appealed.

Krog said the government must be scrupulously fair in how it handles challenges of the penalties, because they take effect immediately and are dispensed at the roadside by police, not a judge.

“In our zeal to get drunk drivers off the road, which is something we all share, it doesn’t mean you get to disregard the rights of citizens to fairness in the hearing process,” he said.

“It clearly opens up the possibility of many other people asking for judicial reviews.”

Government lawyers are still reviewing the implications of the overturned decision.

But Justice Minister Suzanne Anton said the ruling appears to be largely procedural and unlikely to threaten the three-year-old legislation underpinning the Immediate Roadside Prohibitions.

“When you have a new program, you can expect that people are going to take runs at it,” she said. “But fundamentally, the legislation remains very sound.”

Anton said about 1,500 roadside prohibitions are issued each month and just two per cent on average are successfully challenged.

Alcohol-related fatalities have plunged 51 per cent since the expanded system of suspensions kicked in nearly three years ago – replacing criminal prosecutions of many impaired drivers – and the government estimates 143 lives have been saved.

Anton said the regulations continue to have a powerful effect deterring people from drinking and then driving.

“People understand the immediate serious consequences that flow from that.”

Drivers who get an Immediate Roadside Prohibition can lose their driving privileges for up to 90 days, have their vehicle impounded and face hefty fines as well as costly installation of an ignition interlock device in their vehicle.

Documents recently disclosed under Freedom of Information show drivers who challenge their rulings to the Superintendent of Motor Vehicles aren’t told if the screening device used to test them was later found to be inaccurate.

They’re merely told their driving prohibition was deemed invalid, without provision of specific reasons, usually weeks after the vehicle was impounded and the licence suspended.

The province pays towing and storage bills of appellants who are successful.

Just Posted

Moms of those killed by illicit opioids take to B.C. Legislature in call for action

Moms Stop the Harm, a nationwide network of families who have lost loved ones to overdoses rally

Alberni wrestler heads to University of the Fraser Valley to compete

Ravi Manhas is one of 10 recruits signed to the Cascades for 2018-19

Taxing Vancouver Island

Big Read: find out which communities are paying the lowest and highest taxes on Vancouver Island

UPDATE: Construction on Hwy. 4 halted after tree crashes into traffic

Trees are being cleared along the highway between Port Alberni and the Tofino-Ucluelet junction.

VIDEO: Canadian toddler caught practising hockey skills in crib

Eli Graveline is getting praise from far and wide as the internet freaks out of cute throwback video

Canadian Syrian children’s choir not to attend festival over fears about U.S. travel

Many kids are recent immigrants from countries covered by Trump travel ban

Amalgamation fails in North Cowichan and Duncan

North Cowichan says yes, but Duncan says no

B.C. teacher ends Jeopardy! winning streak, taking home US$69,000

Ali Hasan, from New Westminster, has been gaining fans as a “one-man invasion,” says Alex Trebek

Jett Woo highlights 5 Canucks choices on Day 2 of NHL entry draft

WHL star out of Moose Jaw tabbed in Round 2

In a matter of hours, women in Saudi Arabia will be allowed to drive

Change was announced as a royal decree in 2017 by Crown Prince Mohammen bin Salman

Feds announce measures to protect endangered whale species

Canada’s Whale Initiative is part of the federal government’s $1.5 billion Ocean Protection Plan

COC session vote approves Calgary as potential host for 2026 Olympics

Scott Hutcheson, chair of Calgary’s Olympic bid corporation — called vote a positive step forward

Lawyer fired in B.C. courtroom during trial for dangerous driving causing death

Dustin Dennis Zinter was charged following November 2015 accident near Nanaimo, B.C.

Most Read