No refund for people caught in old impaired driving laws
Posted July 12, 2012 3:01 pm.
This article is more than 5 years old.
VANCOUVER (NEWS1130) – A BC Supreme Court judge says people caught in BC’s old drinking and driving laws are not entitled to compensation for penalties they paid.
Last year, Judge Jon Sigurdson struck down a part of the law that brought stiffer penalties for those who blew over .05 and found harsh punishments and fines were unconstitutional because there was no chance for appeal.
But today the judge says that ruling isn’t retroactive.
Lawyer Diego Solimano, who represents the drivers, says the punishment fit the laws that existed.
“Their position is that these drivers should face the consequences as they existed at the time since the law was valid at that time.”
Solimano says his clients are out of luck.
“This decision says both the monetary and personal remedies were not going to be awarded to these petitioners.”
He add there are no plans to appeal now, but that could change.
In his ruling, Sigurdson says the passing of the legislation was not done in bad faith.
Click here to find the official ruling.
