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BC's drunk driving laws under the microscope
VANCOUVER/CKNW(AM980)
Alison Bailey Email news tips to alison.bailey@corusent.com
3/18/2013

British Columbia's drinking and driving laws will once again be under the microscope starting tomorrow as the B.C. Court of Appeal begins hearing arguments on whether the laws are constitutional.

The B.C. Civil Liberties Association is an intervener in the case.

Raji Mangat with the BCCLA says the association will be arguing that the laws are unconstitutional.

“We find in our review of the legislation that the legislation is unconstitutional to the extent that it creates a presumption of guilt."

Mangat says now it's as though you're guilty and you have to find a way to challenge that, adding the challenge that is allowed now is a very limited one.

Under the laws, drivers who blow a "fail" on a roadside screening device -- or refuse to take a test -- face penalities like a driving ban or having their vehicle seized.


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  1. ChrisM_18 posted on 03/18/2013 06:31 AM
    Once again I find myself shaking my head and wondering where the BCCLA pinheads are coming from ! I have heard the argument that the handheld breathalyzer I was never intended to be used as an exact measurement , and I think the proponents of that arguement are missing the point.
    The hand held breathalyzer is a tool that the cops can us to support their observations that the driver appears to have been drinking -ie there is a smell of alcohol etc.
    Even if the breathalyzer is 25% inaccurate ( for the sake of arguement) it will still reasonably confirm the cops impression
    I would rather see people busted for driving at .06 rather than drunks being let go.
    And on another note , there needs to be equal focus to getting people that are stoned off the road !
    1. EbN posted on 03/18/2013 07:56 AM
      @ChrisM_18 That's all fine, but to have some uneducated cop be judge and jury don't cut it. Grade 12 or first year criminology does not make one a judge. Every case has circumstances and procedures, throw popcorn stand piece of machinery in the fray and you have a recipe for disastor. The way the rule book reads now, is some nasty cop can totally control your financial destiny, and that is totally 100% wrong. And the best is yet to come, NO RECOURSE!
      That is the absurdity of it all. Theoretically, you could have the new pope driving down Kingsway, totally sober. A cop could pull him over, ask him to blow, and if he refused, he'd(pope) would be nailed with a failure to blow and NO appeal. Now wouldn't that be barbaric?
    2. SalV posted on 03/18/2013 10:53 AM
      @ChrisM_18 If breathalyzers are understood not to be accurate then we should remove their readings from legislation!!
  2. WilliamS_3961 posted on 03/18/2013 07:24 AM
    It would sure be nice if we could find out how many of our newly annointed "drunk" drivers are blowing between .05 and .08. I wouldn't consider someone "drunk" just because they've had a glass of wine.
  3. MicahC posted on 03/18/2013 07:55 AM
    The road side screening device will not show a result of WARN unless the driver provides a reading on having 60 to 99 milligrams of alcohol in 100 millilitres of blood.

    It will not display FAIL unless the driver provides a reading on having 100 milligrams or more of alcohol in 100 millilitres of blood.

    The limit allowed under the BC motor vehicle act is 50 milligrams of alcohol in 100 millilitres of blood and the criminal cod amount is 80 milligrams of alcohol in 100 millilitres of blood.

    So as you can see, there is a buffer introduced into the reading to ensure that if the instrument is not exact, it will favour the driver. As well, there is a requirement for the police officer to provide the driver with a second sample into a second ASD if the driver so wishes. The lower sample of the two readings prevails.

    It would seem to me that the process is more than fair however I guess I'm just one of those crazy people who don't want drunk people operating motor vehicles.
    1. HUGH F posted on 03/18/2013 09:26 AM
      @MicahC While I'm not in favour of drunk driving, I am in favour of the right to due process and not having a cop act as judge, jury and executioner.
  4. AnneH_4 posted on 03/18/2013 09:46 AM
    Unfortunately the police cannot be trusted. They have quotas and most of them are arrogant bullies. And the devices could be faulty.

    Funny how they cant catch people who have drunk enough to blow double digits but they catch those who have had a couple of drinks
    1. MicahC posted on 03/18/2013 10:22 AM
      @AnneH_4 The Immediate Roadside Prohibition is meant for people who are not falling down drunk. If a police officer comes across a grossly intoxicated driver they will proceed criminally which involves the driver being arrested and driven to the police station to provide breath samples into the breathalizer.
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