Police conducting a roadside check for impaired drivers.

Court reprieve restores full arsenal of roadside penalties against drunks

Follow-up ruling gives province six months to revise impaired driving punishments to comply with law

The courts have temporarily restored the power of police officers to issue stiff 90-day suspensions to impaired drivers caught with a blood-alcohol level over 0.08.

B.C. Supreme Court Justice Jon Sigurdson, who previously struck down that part of the roadside penalty system, issued a follow-up ruling Friday that suspends the implementation of his decision until June 30.

That effectively gives the provincial government six months to pass new legislation to ensure the roadside penalties and process to appeal them comply with the law.

Justice Sigurdson noted the government considers the automatic roadside penalties more effective than criminal prosecutions in fighting impaired driving.

“I have concluded that an immediate declaration of invalidity of part of the (administrative penalty) regime may pose a danger to the public,” he found.

Sigurdson’s original Nov. 30 ruling fanned fears that police powers to battle impaired drivers would be seriously eroded just as the holiday CounterAttack campaign was getting underway.

For three weeks since the Nov. 30 judgment, police had been unable to issue the 90-day suspensions and related penalties and fees that add up to $3,750 for drivers who blow in the “fail” range over 0.08.

Instead, officers at roadblocks faced a choice: arrest the driver and proceed with a time-consuming criminal impaired investigation or else issue only a 24-hour suspension.

A roadblock that caught two impaired drivers would lose its investigating officers to the criminal procedure and might have to halt enforcement early that night as a result.

For roadside readings of 0.08 per cent or higher, police had previously 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.

To comply with the court rulings, the province must ensure those drivers get a chance to challenge the decision.

“We will work to introduce changes to the Motor Vehicle Act as soon as possible in the spring legislative session,” Solicitor General Shirley Bond said in a statement Friday. “We continue to analyze Justice Sigurdson’s comprehensive decision to determine what those changes will consist of.”

Justice Sigurdson also found 90-day suspensions are constitutional for drivers who refuse to provide a breath sample upon request.

He also upheld the use of the immediate roadside prohibitions for drivers who blow in the “warn” range between 0.05 and 0.08.

Bond noted the roadside penalties resulted in a 40 per cent drop in alcohol-related deaths in the first year.

“The statistics speak for themselves,” she said. “Forty-five more people are alive to enjoy the holidays this year because police stopped impaired drivers, people who would not be with their families today without this legislation.

“We are not going to give up our fight to remove impaired drivers from B.C.’s roads, and we will continue to use every responsible tool at our disposal to combat drinking and driving,” Bond said.

“We want the public to know police will be out in full force over Christmas as part of their CounterAttack program to protect the public from people who are drinking and driving.”

Sigurdson has yet to rule on whether B.C. drivers who were punished without sufficient right to appeal are entitled to compensation.

Just Posted

Busy first month for Hope’s extreme weather shelter

Two men, homeless, want warm spaces during day

BC Liberal leadership hopeful Micheal Lee stops in Hope

Only party members can vote in leadership vote Feb. 1-3

Men accused in Michael Bonin’s murder knew him: IHIT

20-year-old’s body found on a rural service road North of Hope in April

Trial begins for man charged with 2010 murder of Mandy Johnson

Langley single mom was fatally shot while in vehicle in Abbotsford

KPU campuses go smoke-free starting Jan. 21 – and that includes vaping

‘We didn’t make this decision lightly’ says prez of the Surrey-based institution

B.C. cougar kitten rescued after mother struck by vehicle

Conservation Officers find home for young kitten found dehydrated and frostbitten near Williams Lake

WestJet appeals lost bid to scrap harassment lawsuit

Airline argues judge was wrong to have dismissed the company’s application to strike the legal action

More places in Hope to pick up Naloxone

Hope and Area Transition Society opens doors for people seeking overdose antidote

Can U.S. border guards search your phone? Yes, and here’s how

Secretary of homeland security explains a new policy that let’s border guards check phones

‘Beautiful writer’ Nancy Richler dies of cancer in Vancouver hospital

Montreal-born author spent most of her adult life in B.C. as a fiction writer and novelist

B.C. commuters vote to rename bus service to ‘Jeff’

The company asked and the people of Facebook answered

Students frustrated by UBCO response to harassment allegations

Students on the Kelowna campus were unaware of resources and worried about lack of communication

Women’s March Canada Fraser Valley slated for Saturday morning

It’s a march for women’s rights and social justice for the most marginalized

Police investigate sexual assault of teen girl on Abbotsford school grounds

Incident occurred Wednesday night on elementary school grounds

Most Read