RCMP officer performs a roadside check for drivers who may have consumed alcohol.

Province should review more roadside driving bans: NDP

Justice Minister sees no problem after court overturns suspension

The NDP’s justice critic is urging the province to overhaul its process for reviewing roadside driving bans imposed on drinking drivers in light of a recent court ruling.

Leonard Krog said the government should proactively offer to re-review other cases if the procedure for weighing challenges turns out to have been incorrect.

The B.C. Supreme Court this month quashed one roadside driving ban that had been upheld in the review process, deciding a report setting out guidelines for use of alcohol screening devices was inadmissible.

Defence lawyers say the ruling could be grounds for many more roadside prohibitions to be appealed.

Krog said the government must be scrupulously fair in how it handles challenges of the penalties, because they take effect immediately and are dispensed at the roadside by police, not a judge.

“In our zeal to get drunk drivers off the road, which is something we all share, it doesn’t mean you get to disregard the rights of citizens to fairness in the hearing process,” he said.

“It clearly opens up the possibility of many other people asking for judicial reviews.”

Government lawyers are still reviewing the implications of the overturned decision.

But Justice Minister Suzanne Anton said the ruling appears to be largely procedural and unlikely to threaten the three-year-old legislation underpinning the Immediate Roadside Prohibitions.

“When you have a new program, you can expect that people are going to take runs at it,” she said. “But fundamentally, the legislation remains very sound.”

Anton said about 1,500 roadside prohibitions are issued each month and just two per cent on average are successfully challenged.

Alcohol-related fatalities have plunged 51 per cent since the expanded system of suspensions kicked in nearly three years ago – replacing criminal prosecutions of many impaired drivers – and the government estimates 143 lives have been saved.

Anton said the regulations continue to have a powerful effect deterring people from drinking and then driving.

“People understand the immediate serious consequences that flow from that.”

Drivers who get an Immediate Roadside Prohibition can lose their driving privileges for up to 90 days, have their vehicle impounded and face hefty fines as well as costly installation of an ignition interlock device in their vehicle.

Documents recently disclosed under Freedom of Information show drivers who challenge their rulings to the Superintendent of Motor Vehicles aren’t told if the screening device used to test them was later found to be inaccurate.

They’re merely told their driving prohibition was deemed invalid, without provision of specific reasons, usually weeks after the vehicle was impounded and the licence suspended.

The province pays towing and storage bills of appellants who are successful.

Just Posted

SD61 to install new water fountains over lead concerns

They’re installing 350 new water fountains in local schools due to concerns over elevated levels of lead in the water system

West Shore firefighters band together to support men’s health

More than $8,200 raised for Movember campaign

Holiday gift wrapping tips and tricks

Streamline your process to avoid the hassle

Omnibus zoning bylaw sent for revisions to prevent blanket upzoning in downtown Victoria

More than 10 downtown properties identified by Downtown Residents Association

UPDATE: Four vehicle crash on Sooke Road snarls traffic in Colwood

Sooke Road reopens to traffic in both direction

VIDEO: That’s a wrap: Be a Santa to a Senior packages ready to go out

Program hands out more than 600 gifts to Greater Victoria seniors

Owl found dead after eating rat poison leaves B.C. woman concerned

After finding the owl on her Surrey property, Christine Trozzo says the poison is a concern for kids

Change to CPP death benefit panned as insufficient to cover funeral costs

Funeral Services Association of Canada lobbied governments to raise the value to $3,580

Shelbourne Community Kitchen vies for $20,000 prize

Epicure Foundation, based in North Saanich, will give five groups $20,000 each

Woman in Nanaimo accidentally hands over diamond ring with spare change

Incident happened Wednesday at about 7 p.m. at parking lot near Nanaimo’s boardwalk

B.C. woman brain injured in crash as a baby gets $1.1 million in damages

Trial heard the woman was 16 months old, being carried by her mother when they were both hit

Optimistic Victoria whale watching company invests in new vessel

Banner 2017 tourist season helps Prince of Whales decide to boost service

Victoria cycling advocate makes pitch lor lower speeds on local roads

Group points to evidence suggesting 30 km/h speed limit would save money, lives

Most Read