The province’s Immediate Roadside Driving Prohibition ‘scheme’ was thrown into the courts on Friday.
A B.C. Supreme Court judge quashed a driver’s IRP, describing the actions of a North Vancouver Mountie as “apparent perjury.”
The judge found the Mountie did not attach correct documents to an IRP Report to the Superintendent of Motor Vehicles when it was sworn in.
One lawyer says the ruling could affect around 1,000 cases where drivers were hit with an IRP.
Paul Doroshenko says RoadSafetyBC, as it’s now known, initially wrote the mistake off as a typo.
“It clearly was more than a ‘typo.’ If you indicate that you’ve done something but have yet to do it but you swear to the truth of having done that, calls into question the reliability and credibility of that police officer.”
Under an IRP, a three, seven, 30 or 90-day prohibition can be issued at the roadside to alcohol-impaired drivers under B.C.’s Motor Vehicle Act, and criminal charges may be laid separately.
Doroshenko says this case shows the “huge danger when we have a paper-only scheme that we use to punish people.”