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Mission residents seek to have 24-hour driving prohibitions overturned
VANCOUVER/CKNW(AM980)
CKNW News Staff | Email news tips to nwnews@cknw.com
12/30/2012

Two Mission residents are asking a BC Supreme Court Judge to overturn their 24 hour driving prohibitions.         

Harmeet Dhaliwal claims she was driving below the speed limit on Stave Lake Road November 12 when she was pulled over by a police officer.

She says the officer questioned her about smoking marijuana or consuming drugs, and she told the officer she hadn't.

The officer searched her car and allegedly didn't find anything--but Dhaliwal says she was given a driving prohibition anyway.

The same day Gayle MacDonald alleges was pulled over by the same officer while driving under the speed limit and questioned about drugs.

She too was issued a driving prohibition--but also was arrested, even though she claims the search of her car also came up empty, and she hadn't consumed any drugs.

Both Dhaliwal and MacDonald say the officer didn't conduct a sobriety test.

Their allegations have not been proven in court.

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  • 10
  1. AnneH_4 posted on 12/30/2012 08:27 AM
    Seems to me the police are getting more and more powerful. This is not a good sign
  2. RegA [deleted] posted on 12/30/2012 09:43 AM
    Sounds to me like the recruiting department picked another lemmon. We all remember Monty, don't we?
  3. HUGH F posted on 12/30/2012 09:54 AM
    -A mere refusal to consent to a search cannot be used to help establish probable cause. For example, if a police officer asks you to if he may look in your trunk, saying "no" does not, as a matter of law, give him probable cause to suspect you're hiding something. Without other grounds, he cannot search the trunk.

    Ask for a warrant, if the request is refused, call a lawyer for legal advice. If the officer oversteps these bounds- SUE.
  4. RonE_3358 posted on 12/30/2012 10:41 AM
    Where does the RCMP find these people?

    Why is there such a high concentration in B.C. ?
    1. AnneH_4 posted on 12/31/2012 09:08 AM
      @RonE_3358 It isnt just BC unfortunately. There are similar stories all over the country
  5. SalV posted on 12/30/2012 12:04 PM
    Canada sometimes falls itself to third world country level with these highly questionable abuses...
    Is there due process? What's the officer's name? Where is the evidence?
  6. RegA [deleted] posted on 12/31/2012 08:39 AM
    As already mentioned, the force hired another dud. These "duds" are merely failures at being bullies. They couldn't have their way prior to the hiring, so they toss their weight around after the recruitment. This doofus seems to get a woody, controlling women. He should really be looked at carefully. I have much more to say, but the NW hall monitor will sack my comments.
  7. AnneH_4 posted on 12/31/2012 09:10 AM
    A friend of mine told me that the majority of bullies in his school became police officers. Best to just avoid them all costs if possible.

    I agree with the comment about the 'third world'
  8. jg123456 posted on 12/31/2012 02:27 PM
    Should hear what the police reports say or what the evidence of the officers are and what there reasonable and probable grounds were and what if any exhibits they seized before people jump all over this. If then there seems to be nothing then by all means make a comment. But with half the story who knows what happens.

    In bc section 215 of the motor vehicle act allows police to suspend a drivers licence for 24 hrs. for only suspecting (a test is not required) the driver is under the influence of drug or alcohol. That law has never changed and has been on the books for some time. The driver can request a breath test for alcohol if they disagree. But for drugs the driver cannot do much unless they go get a blood test and take it to Supreme Court to get it over turned. Wonder if they did that? Hmm not mentioned. Odd.

    Again good job to cknw for reporting only half the story and fuelling the flames. What a joke.
    1. Ron_26 posted on 01/01/2013 09:33 AM
      @jg123456 Finally. Someone sensible.
      News reporting isn't what it used to be eh?
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