UPDATE: B.C. suspends its strictest roadside penalties

The toughest of B.C.'s new impaired driving penalties infringe people's constitutional rights, a judge has ruled.

Police in B.C. have broad powers to impound vehicles for 30 days and impose steep penalties on drivers who fail a roadside breath test for alcohol.

VICTORIA – Police in B.C. won’t be imposing their toughest roadside penalties for impaired driving  until they give accused drivers a way to appeal results of a failed breath test.

Public Safety Minister Shirley Bond announced the change Wednesday after a B.C. Supreme Court judge ruled that the most severe of B.C.’s new impaired driving penalties infringe people’s constitutional right to a fair trial.

Ruling on a challenge to the new roadside penalties, Justice Jon Sigurdson said the increased roadside penalties for blowing in the “warn” range of blood alcohol, from 0.05 to 0.08 per cent, are permissible.

But drivers who who blow in the “fail” range above 0.08 should have a chance to challenge the decision if their vehicles are impounded for 30 days and they face thousands of dollars in administrative penalties.

Bond said the court ruling means the B.C. government needs to amend its year-old impaired law to give drivers who exceed 0.08 on the roadside screening device a chance to appeal that reading.

Until that is done, “the circumstances for those in the ‘fail’ range will revert to what was previously in place,” Bond said. “Police will have the option of determining whether or not a criminal charge is warranted, and in that case you could face criminal charges and a 90-day administrative driving prohibition.”

Sigurdson ruled that B.C. is within its rights to impose the “warn” penalties. A blood alcohol reading in the “warn” range can result in a three-day driving ban, a $200 administrative penalty and another $250 fee to have a driver’s licence reinstated. Drivers may also have their car impounded for three days and be billed for towing and storage.

For roadside readings of 0.08 per cent or higher, police have been imposing a 90-day driving ban, a $500 fine and impounding the vehicle for 30 days. That suspension can cost a driver $3,750, including $700 for towing and storage and $1,420 to take a mandatory “responsible driver” course.

Sigurdson did not immediately strike down the new penalties, but asked for submissions from the province and the driver who challenged the penalties to determine what comes next.

Last week Premier Christy Clark and Public Safety Minister Shirley Bond celebrated the results of the new roadside penalties, a 40 per cent decline in alcohol-related deaths in the first year.

The ruling comes as B.C. launches its annual Christmas CounterAttack campaign, with increased roadblocks across the province to look for impaired drivers.

Just Posted

Haisla girls basketball team competed in first game at 2018 Junior All-Native basketball tournament

Haisla girls played against Syilx at Van Tech Secondary in Vancouver

Kitimat could get bicycle lanes in the future

This project will allow for cyclists no different than any other sidewalk in the community.

Diver airlifted following accident at navy shipwreck

The diver was kept in the chamber while the barge was towed to Hartley Bay

Australian company Woodside ends Grassy Point LNG project

Woodside and Chevron still committed to Kitimat LNG

Mayor anticipating Hwy37 improvements

Transportation ministry working on details

Ottawa proposes restricted pot labels, packages

Packaging will include red stop sign with marijuana leaf and ‘THC’

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

Alberta budget plans for Trans Mountain expansion

Finance Minister Joe Ceci says expected revenues will be factored into budget forecasts

Proposed gun bill attacked by gun owners and shooting victims

The federal government tabled the bill today in order to tighten the sale and tracking of firearms

New anti-radicalization centre in the works for B.C.

Centre aims to help ‘vulnerable individuals of the path to radicalization’ before they turn to crime

B.C. bravery, public service honoured by Governor General Julie Payette

UVic basketball coach Kathryn Shields inducted into Order of Canada

Sea lion with rope wrapped around neck saved by Vancouver Aquarium

Steller sea lions are a species of special concern and some populations are endangered in parts of Alaska

B.C. can learn from Washington’s wine industry growth

Winery owner cites importance of industry collaboration

Most Read