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

Indigenous youth connect with their culture at Gathering Our Voices workshops

Secluded Wellness Centre in Port Alberni hosted traditional wildcraft sessions

Illegal cannabis club in Port Alberni ticketed again

RCMP seize cannabis, issue fine for second time in five months

Motorists attempted CPR on victim in fatal Highway 4 crash west of Whiskey Creek

Witnesses say three vehicles involved in collision; man in 70s confirmed dead

Chef returns to North Island College to inspire young cooks

Tina Tang shares her culinary journey since graduating

Real-life tsunami threat in Port Alberni prompts evacuation updates

UBC study says some people didn’t recognize the emergency signal

Port Alberni Fire Department engages Indigenous youth in fire awareness

Workshop took place as part of Gathering Our Voices event in Port Alberni

1,300 cruise ship passengers rescued by helicopter amid storm off Norway’s coast

Rescue teams with helicopters and boats were sent to evacuate the cruise ship under extremely difficult circumstances

B.C. university to offer first graduate program on mindfulness in Canada

University of the Fraser Valley says the mostly-online program focuses on self-care and well being

Province announces $18.6 million for B.C. Search and Rescue

The funding, spread over three years, to pay for operations, equipment, and training

Late-season wave of the flu makes its round in B.C.

BC Centre for Disease Control reported 50 per cent jump in flu cases in first weeks of March

Tofino’s housing crisis causing some to seek shelter at the local hospital

Tofino’s housing crisis is pushing the town’s ‘hidden homeless’ population into the forefront.

Sentencing judge in Broncos crash calls for carnage on highways to end

Judge Inez Cardinal sentenced Jaskirat Singh Sidhu to eight years

2 fires in Victoria caused by cigarettes prompts warning from deputy fire chief

Two separate fires caused by cigarette butts were avoidable

Wildlife activists slam B.C. business, clubs for ‘wolf-whacking’ contests

Chilcotin Guns, Creston Valley Rod and Gun Club and West Kootenay Outdoorsmen Club under fire

Most Read