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

Good things cooking at Barn Burner BBQ event this Sunday in Yarrow

Fifth annual event in Chilliwack raises funds for the Full Cupboard

Bail denied for alleged Chilliwack firearm thief convicted of similar crime in Alberta

Andrew Scott Charpentier charged with numerous offences after guns seized from Reece Avenue address

Figures reveal spike in highway traffic jams between Abbotsford and Langley

Nearly one in 20 westbound vehicles between Abbotsford and Langley clocked at under 60 km/h

Taser takedown in Chilliwack complex after incident gets violent

Male suspect became agitated under questioning and repeatedly punched an officer

Agassiz man pleads guilty in snake venom death of toddler

Plea comes more than five years after the incident in North Vancouver

VIDEO: Find Me My Furever Home – Moni at the Chilliwack SPCA

This week’s animal is Moni, an obedient 10-year-old Australian shepherd cross at the Chilliwack SPCA

A year later, ceremony commemorates victims of the Danforth shooting

It’s the one-year anniversary of when a man opened fire along the bustling street before shooting and killing himself

Japanese Canadians call on B.C. to go beyond mere apology for historic racism

The federal government apologized in 1988 for its racism against ‘enemy aliens’

B.C. VIEWS: NDP pushes ahead with Crown forest redistribution

This isn’t the time for a radical Indigenous rights agenda

Two dead in two-vehicle crash between Revelstoke and Golden

RCMP are investigating the cause of the crash

Ottawa fights planned class action against RCMP for bullying, intimidation

The current case is more general, applying to employees, including men, who worked for the RCMP

Alberta judge denies B.C.’s bid to block ‘Turn Off the Taps’ bill

He said the proper venue for the disagreement is Federal Court

Canadian high school science courses behind on climate change, says UBC study

Researchers found performance on key areas varies by province and territory

Most Read