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

Agassiz Community Gardens hoping to find new home at old McCaffrey school

The society has been looking for a new location since its previous gardens were sold in October

Kent looking to replace Ferny Coombe pool with indoor facility

The facility being built is dependent on grant funding from the province and federal government

B.C. storm totals $37M in insured damages

The December storm wreaked havoc on B.C.’s south coast

Escape room brings ‘out of the box’ activity to Agassiz

AESS alumni and teacher developed the concept to bring teamwork-based entertainment to the town

Hatzic man charged with assaulting Chilliwack RCMP officers

Jason Roberto Vatcher was out on bail facing firearms charges

B.C. opioid crisis to get same world-renowned treatment approach as HIV/AIDS

A program that focuses on treatment as prevention will roll out Jan. 17

Olympian snowboarder Max Parrot diagnosed with Hodgkin’s lymphoma

Each year in Canada, approximately 900 people are diagnosed with Hodgkin’s lymphoma

‘Prince of Pot’ Marc Emery accused of sexual assault, harassment

Emery denied the allegations, but a Toronto woman says she is not the only one speaking out

Vancouver Island photographer makes National Geographic’s 2018 elite

Rare double honour for Marston from the 36 best Your Shots out of nearly 19,000 photos

Ex-Liberal candidate in Burnaby, B.C., says volunteer wrote controversial post

Karen Wang dropped out following online post singling out NDP Leader Jagmeet Singh’s ethnicity

Asteroids are smacking Earth twice as often as before

The team counted 29 craters that were no older than 290 million years

Canada’s arrest of Huawei exec an act of ‘backstabbing,’ Chinese ambassador says

China has called Canada’s arrest of Huawei chief financial officer Meng Wanzhou ‘politically motivated’

Manure company causing ‘toxic’ stink at Abbotsford school seeks permit

Property across from King Traditional Elementary cannot operate manure facility without permit

Vancouver city council endorses free transit for youth

Mayor Kennedy Stewart will write a support letter to TransLink

Most Read