Appeal court upholds roadside suspensions

Steep fines and vehicle seizures within province's rights, Attorney General says it reinforces road safety efforts

Attorney General Suzanne Anton

VICTORIA – B.C. police will continue to impose 90-day driving suspensions and seize vehicles of drivers who fail a breath alcohol test, after a constitutional challenge was turned away Monday by the B.C. Court of Appeal.

“It’s a matter of public safety on our roads, and so we’re carrying on with the immediate roadside prohibition program,” Attorney General Suzanne Anton said Monday.

The law was challenged by six drivers who had either blown a “fail” reading on a roadside blood alcohol screening device, or refused to blow. The court found that the roadside suspensions do not supplant the Criminal Code, where police still have the option of laying impaired driving charges.

“The legislation does not create a criminal or quasi-criminal proceeding, nor does it lead to true penal consequences” when it allows licence suspensions, penalties and impound fees, three appeal court justices agreed.

The “immediate roadside prohibition” program took effect in 2010, replacing most impaired driving charges with administrative penalties, including a three-day driving ban and a $200 administrative fee for those who register between 0.05 and 0.08, if the police officer has reason to believe the driver is impaired.

For those who blow in the “impaired” range of 0.08 or higher, police have the option of imposing a 90-day driving ban, a $500 penalty and impounding the vehicle for 30 days instead of laying a charge. Towing and impounding a vehicle can result in a $700 bill, and a $1,400 mandatory “responsible driver program” may also be required before the driver’s licence is returned.

After an initial court challenge, the law was amended to require police to offer a second roadside test to anyone who fails, and to advise drivers they can appeal their suspension to the Superintendent of Motor Vehicles.

 

Just Posted

Nathan Cullen named Parliamentarian of the Year

Skeena-Bulkley Valley MP won the top-title Nov. 5

VIDEO: Taking to the skies to protect moose in the Cariboo Chilcotin

Conservation Officer Service doubles patrols to oversee moose harvest

New Coast Guard radar boosts marine traffic monitoring off B.C. coast

Six radar installations set up for Georgia Strait to Queen Charlotte Strait to Prince Rupert

Central Coast Regional District swears in new Board of Directors

There are three new faces representing our region and two returning directors

VIDEO: Black horse signals ‘sign of peace’ for Tsilhqot’in Nation

Justin Trudeau rides black horse provided by Cooper family

Saving salmon: B.C. business man believes hatcheries can help bring back the fish

Tony Allard worked with a central coast First Nation to enhance salmon stocks

22 public toilets in Victoria: 136 people currently peeing

World Toilet Day floats some serious health issues

Calgary Stampeders back to Grey Cup with 22-14 win over Winnipeg Blue Bombers

Calgary was favoured to win the 2017 and 2016 Grey Cups, but lost to the Toronto Argonauts and Ottawa Redblacks respectively.

‘A giant step forward’: new $10 bill featuring Viola Desmond to enter circulation

A new $10 banknote featuring Viola Desmond’s portrait will go into circulation, just over 72 years after she was ousted from the whites-only section of a movie theatre in New Glasgow, N.S.

Searchers in California wildfire step up efforts; 77 dead

Trump arrived at the oceanside conclave Saturday afternoon after visiting Northern California to survey the wildfire damage in the town of Paradise.

Trump says ‘no reason’ for him to hear Khashoggi death tape

“It’s a suffering tape, it’s a terrible tape. I’ve been fully briefed on it, there’s no reason for me to hear it,” Trump said in the interview.

Canada Post calls for ‘cooling off’ period to allow for mediated talks

The proposal came as Canada Post workers continued their rotating strikes Monday after rejecting the Crown agency’s latest offer.

Metro Vancouver homicide detectives busy after separate weekend deaths

Homicide detectives in Metro Vancouver are investigating separate cases involving two deaths they say appear to be either targeted or suspicious.

High-end B.C. house prices dropping, but no relief at lower levels

But experts say home ownership remains out of reach for many for middle- and lower-income families

Most Read