DAILY NEWS Jan 18, 2013 2:55 PM - 3 comments

B.C. government reviewing 1,200 files on impaired drivers

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2013-01-18

The British Columbia government is conducting a review of about 1,200  drivers referred to remedial programs under its impaired driving laws, after some drivers petitioned for a judicial review.

Drinking and drivingThe review by the Office of the Superintendent of Motor Vehicles (OSMV) affects some drivers who were referred to remedial programs under the province’s Immediate Roadside Prohibition (IRP) program just before a November 2011 B.C. Supreme Court ruling, but whose referrals into the program were suspended.

The case, Sivia v. British Columbia (Superintendent of Motor Vehicles), involved a challenge that argued that parts of B.C.’s impaired driving laws infringed on several constitutional rights set out in the Canadian Charter of Rights and Freedoms.

While it largely upheld the province’s laws, the court ruled that there needed to be a better appeal process in place for those who blew over 0.08 on their blood alcohol level reading at roadside.

At that time, Justice Minister and Solicitor General Shirley Bond responded that government would take the judgment seriously and make necessary changes to legislation, but that much of the laws would remain in place and enforced.

The OSMV began referring drivers to “responsible driver and ignition interlock programs” in September 2012 and since then, “a small proportion” of drivers have submitted petitions seeking a judicial review of the requirement to take them.

The office is now reviewing about 1,200 files, whether or not the drivers petitioned for the review.

“Each individual’s driving record is being reviewed by the OSMV on its own merits,” the office said. “The superintendent will decide whether the individual has an unsatisfactory driving record that requires referral to remedial measures. Alcohol-related infractions are relevant to that review. The OSMV decided to undertake this review after considering the petitions that have been filed.”

It’s unclear how many drivers will be affected by the review, but some will likely not have to go through the remedial programs, the office said.

Other penalties that the drivers may have received at roadside aren’t affected by the review, the office said. The rest of the roadside program isn’t affected by this review, and the laws can be carried out as usual, the government said.

“As new, groundbreaking legislation, the immediate roadside prohibition program has been the subject of a significant number of challenges, and this situation is no different,” the office noted in a statement. “It has come to the superintendent’s attention, as a result of the petitions before the court, that there is an issue that needs to be addressed, and the superintendent is addressing it.”



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Suzanne Turcotte = Idiot

Posted February 10, 2013 08:53 PM


wes

Lady please..take the time to know what civil rights are before you blabber. The whole basis of this impaired is based on an electronic device. Do you know how it works? How does the device get its reading? What science is being used to determine blood alcohol level? These are the important questions. It is very easy for these devices to come out of calibration. The only real piece of evidence there is at checkpoints and it is not accurate or reliable.
Maybe you should go live in China and actually endure what injustice is instead of commenting when you yourself have never experienced this or any similar situation. Remember a human wrote the law, it is only their opinion, therefore another human could change the law to their opinion, who says .08 means you are unable to operate a vehicle. Have you ever driven tired before? After drinking a lot of caffeine? Driven angry or in a rush? How is this less dangerous?

Posted February 1, 2013 02:56 AM


Suzanne Turcotte

If your pulled over and you blow OVER the LEGAL LIMIT, you have an impaired driving charge ( period).what part of over the limit does one not understand.

Posted January 21, 2013 10:08 AM


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