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

Saanich Mayor says ‘no costs asked of municipality’ for proposed film studio

Mayor Fred Haynes made that comment after questions from watchdog group

RCMP confirm foul play in death of 60-year-old Metchosin man

Police believe crime an isolated incident

Researchers head out from Sidney to explore Canada’s largest underwater volcano

The Explorer Seamount is as large as Greater Vancouver and full of previously undiscovered species

Police seek witnesses after man assaulted at Central Saanich bus stop

Man found Saturday on Keating X Road remains in serious condition at Victoria General Hospital

RCMP identify Sidney bank robbery suspect, believe he is still on Vancouver Island

Warrant issued for arrest of North Vancouver man for TD Bank robbery

VIDEO: Dashcam video captures moment Victoria cyclist struck

Police seeking cyclist captured in video

VIDEO: Wolf spotted swimming ashore on northern Vancouver Island

Island wolf population estimated at under 150 in 2008, says VI-Wilds

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

New rules codified compensation for lost luggage, overbooked flights

Canadian is detained in China on drug allegations: Chinese government

Detention of a Canadian in China comes as part a diplomatic dispute triggered by arrest of Huawei exec Meng Wanzhou

Rare white ravens spotted again in mid-Island

Nature photographer Mike Yip said mysterious birds back in Coombs area

CO’s call off efforts to trap bear who attacked North Island man

Woss man recuperating after incident on remote logging road

Too much time on social media can hurt teens’ mental health: study

Researchers conducted a four-year survey of more than 3,800 adolescents between Grades 7 and 11

Advocates want charges in horse deaths during Calgary Stampede chuckwagon races

Chuckwagon races are a nightly spectacle during the Stampede, a 10-day annual celebration of western life

Most Read