Judge rules against B.C. government on roadside prohibitions

Vancouver, BC, Canada / (CKNW AM) AM980

Critics of BC’s tough new drunk driving laws say it’s another win for driver’s disputing penalties.

A BC Supreme Court Judge has ruled against the Superintendent of Motor Vehicles for going forward with hearings under laws that were struck down.

Lawyer Sacha Roudette says prohibitions, penalties and impoundments have been quashed for a group of drivers who were served Immediate Roadside Prohibitions under the now defunct original legislation.

“The cases that were just recently before the court were people who were served notices of driving prohibitions in November 2011, and the superintendent just kept extending the time period to do those reviews until long after the laws had been struck down.”

In 2011 a judge said drivers who blew a fail did not have an adequate means of appeal and was a Charter violation.

Comments

  1. Uh-huh. Of course. And now the taxpayer gets to pay for a poor decision made to attempt to popularize the current administration. Litigation is going to break the government until they learn to administer laws wisely. Understand that I do not condone drunk driving as it is alcohol that is the single largest contributor to motor vehicle accidents and fatalities. It ust needed to be done right, and not with the typical carelessness of this government.

  2. Awesome

    I hope those who were wrongfully treated since Nov 2011 sue to recover their legal costs.

    Good thing civil forfeit laws weren’t part of this dictatorial act.

    Alcohol is NOT illegal – driving over .08 is illegal.

      • It sure as hell is a Liberal law and they that still deliver law that were struck down. Another Charter violation. Seems Christy Clark and her Liberals only are good at collecting money from rich oil and rich mining. Wait until the courts rule on the Teachers. Recall Nov 17th 2014 and many parents/teachers and drivers charged and found guilty by police,then with citizen with a mining disaster along with ALR tampering just to get votes. Along with the Chinese workers coming to build the LNG plant, ferries given to Poland ,Netherlands then subcontracted to a Chinese Government owned shipyard in Singapore be build our sea bus. The hate for Canadian workers by our Governments is an outrage and the supporter who support all of this should be ashamed. Recall coming near you very soon!

  3. What is quite amuzing guys . . . is the Drunk Driving laws in the NDP Peoples’ Republic of Manitoba are exactly the same . . .

    If you are operating or have care and control of a motor vehicle, boat, aircraft or railway equipment and you are stopped by the police, your motor vehicle driver’s licence can be suspended immediately if:

    You register a “warn” or a “fail” on a breath screening device;
    You have a blood alcohol concentration equal to or over .05;

    This has been going on all over the country . . . pushed by the Madd Mothers and the far-left do-gooders. It has always been an infringement on our Constitutional Rights as this case has proven . . . this is just the first of many to be thrown out.

  4. You know this court battle will be funded? ICBC just asked for a 5.2% raise in basic insurance rates – you know, the ones where we have no other choice.

    I do not condone drinking and driving, nor do I condone a single constable and a $100 device having the ability to change your life. Due process must be part of the law.

  5. I have told you all before the corrupt BC Lie berals cannot be trusted so why did so many of you vote these incompitent players into office??? Their leader is clueless on most issues.

      • Chris you were going to vote Con and jump ship just to side with the winners and look what we got and I see you hear complaining as you did before the election you hated the Liberals so you said ? is this another trick of yours to get people to believe you hate CC and the Liberals, but vote for them anyways? Credible or loyal your not! Now we have this on your hands!

        • They might hate the BC Liberals, but those haters will gladly vote for them since they hate and fear the BC “N”DP more. It’s just a reality spinster. The BC “N”DP scare more voters than the BC Liberals. It’s the lesser of two evils, and the smarter of two idiots.

          • Not any more they will! The BC liberal scare everyone you like them because of the paydays! I wonder how you can support what is going on with this spend, spend, Tax, tax Government. You call this a democracy here in BC or Canada with the ruling leaders? Do you support the growing debt 100 billion+ this you support the scandals will start soon enough ,Recall coming!

    • Umm…people didn’t want Airhead Dix in office. The Greens don’t have a real platform and the Tories don’t have a real party. BC Liberals are the most competent of those in the last election. Don’t like Gordie Hogg as your MLA? Who are you going to vote for in 2015 with Hiebert stepping down?

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