Constitutional challenge to BC drunk driving laws dismissed

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VANCOUVER (NEWS 1130) – A BC Supreme Court judge has ruled the current law allowing police to issue immediate 90-day roadside driving bans for suspected impaired drivers is valid and constitutional.

In her ruling Justice Jennifer Duncan says the driving prohibition isn’t the same as criminal sanctions, so people who find themselves subject to a driving prohibition don’t require the same type of legal protections.

While a driver can ask for a review of their case, the onus is on them to prove they are innocent.

Those challenging the policy believe the burden of proof should be on the police.

“In the absence of an evidentiary basis to decide this alleged Charter breach, I decline to assess the petitioners’ arguments that the technical materials amendment constitutes a Charter breach,” reads the decision from Justice Jennifer Duncan.

Duncan also said the potential harm to society outweighs the negative effects of a driving ban.

This is the third time the law has been challenged since it was introduced in 201. Lawyer Sarah Leamon with Acumen Law Corporation says thousands of drivers are affected by the amendment which went into effect in April 2016.

“We are considering ways to appeal it further,” she said, arguing a driving ban can have detrimental effects on a person’s life.

“It can often cost people their livelihood, and they end up being able to support themselves or their families. They’ll also be deprived of their motor vehicle for 30 days and they face significant monetary find and repercussions for their insurance.”

Leamon says no one is defending impaired driving but a balance must be struck between public safety and individual rights.

 

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