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

Bill passes to make Sept. 30 National Day for Truth and Reconciliation statutory holiday

Residential school survivor Phyllis Webstad and CRD Area F director Joan Sorley were in Ottawa for the vote

Wally Webber elected to fourth term as Nuxalk Chief Councilor

Webber took the win with 174 votes out of a total of 389

Bella Coola expected to be hottest spot in B.C. today

Temperatures are predicted to rise to 18 C

B.C. minister says rural internet is ‘railroad of the 21st century’

Jinny Sims talks details about the $50-million provincial and possible $750-million federal funds

IT’S OFFICIAL: Mt. Timothy sale complete

New owners looking toward year-round mountain resort facility

Protective human chain forms around Victoria mosque for Friday prayer

Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

‘Families torn apart:’ Truck driver in fatal Broncos crash gets 8-year sentence

Judge Inez Cardinal told court in Melfort, Sask., that Sidhu’s remorse and guilty plea were mitigating factors

Boy who went missing from park remains largest probe in Victoria police history

The four-year old Victoria boy went missing without a trace on March 24, 1991

WestJet sticking with Boeing 737 Max once planes certified to fly

WestJet had expected to add two more of the planes this year to increase its fleet to 13

B.C. driver caught going 207 km/h on motorcycle along Okanagan Highway

A motorcyclist was caught by Kelowna RCMP going 207 km/h on Highway 97C

Protective human chain forms around B.C. mosque for Friday prayer

Vancouver Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

B.C. fire department offers tips to keep your home safe during wildfire season

With wildfire season getting closer, the Penticton Fire Dept. offer tips to keep your home safe

Fierce house cat spotted as ‘aggressor’ in face off with coyote in B.C. backyard

North Vancouver resident Norm Lee captures orange cat versus coyote in backyard showdown

Wilson-Raybould to reveal more details, documents on SNC-Lavalin affair

Former attorney general has written to the House of Commons justice committee

Most Read