Judge Reserves Ruling On Fate Of BC's Immediate Roadside Prohibition
Tuesday, December 20, 2011 at 6:54AM | Richard Hewson 
Lawyers Argue Over For Remedy For Unconstitutional LawMr. Justice Jon Sigurdson reserved judgment on the nature of the remedy that will flow from his ruling last month that BC's 90 Day Immediate Roadside Prohibition was unconstitutional. He heard hours of argument from lawyers acting for the BC Government, who urged him to delay ordering any sort of remedy to give the government time to fix the law, and lawyers for affected drivers, who asserted that the unconstitutional provisions should be repealed immediately, the driving records of affected drivers cleared, their fines and penalties repaid to them and requirements for programs like the Responsible Driver Program and the ignition interlock rescinded.
The judge said he understood the need for a prompt decision, but there is no timeline on when that decision would be released.
Meanwhile, BC police are applying the Criminal Code again at roadblocks and traffic stops across the province.
Watch the CBC News report here, and read all of our IRP posts here.
Reader Comments (10)
I am one of the drivers who didn't file an appeal because by the time I got the paperwork, it was too late. Regardless, my quesion is this: if the judge decides that the whole roadside suspension/90 day driving ban/interlock device installation is unconstitutional, can the gov't then go back and charge everyone until the criminal code? In other words, can this 90 day prohibition turn into a criminal offense for me?
Hi Karen - I don't think so. Impaired driving is normally prosecuted as a summary conviction offence, and in that case the charges normally have to be sworn within six months of the date of the incident. More importantly, the police probably did not use the sort of breathalyzer machine that would give them an analysis they could use in court. They probably only used the handheld screening device, which is not admissible in court.
I can't say for sure because I don't know enough of the details of your case, but you should be ok.
Richard
Thanks for your prompt response. I'm hoping this all goes away once the judge rules. I haven't really done anything about it yet as I'm still in my 90 day prohibition. So I am waiting to see what happens.
Iam another person who was charged with an IRP and paid to file an apeal, the paper work didnt go through in time and of course when I phoned to find out what the hold up was they had an excuse. In my case I was not driving, but while I was waiting for my ride I started my truck to charge my cell phone and turn on my air conditioner for my dad who was on route to give pick me up and drive my vehicle. This charge was a slap in the face as I believed I did the right thing. If I was driving well that would be a whole different story. I understand how important it is to keep druck drivers off the road, and this is a nessicity.Unfortunitly the people who choose to drink and drive are quite good at it and never get caught until something happens,these are the people who need to get caught but they are so use to it , comes natural and they never do get caught! Something very wrong with this picture!!!!!!
Hi Cory - I have heard from others who had had exactly the same experience you did. I hope that the judge's ruling, when it is issued, addresses some of those problems.
Richard
Judges ruling on the 23rd of December 2011
http://www.courts.gov.bc.ca/jdb-txt/SC/11/17/2011BCSC1783.htm
Rick - thanks for the link. I'll get a new post up asap.
Richard
Its a very well written & informative post. From this post i got some points on DWI charge.
I like to read this post. You did a very good job. I think there should be a time line for the prompt decision.
Criminal Defense Attorney Dallas
I have the exact same story as 'cory anderson' sitting in my car waiting for my ride home..started the car as it was april and after midnight and very cold and needed heat. I had a paper review done and submitted my bank statements showing all the cabs we took that night. I was unsuccessful in this appeal. I also just saw a video and a lawyer talking about some people getting their licenses back until the Judges decision in June. video link- http://www.cbc.ca/news/canada/british-columbia/story/2011/12/19/bc-drunk-driving-charter-remedy.html?cmp=rss
this sucks... I havent driven in about a year and is destroying my life, seeing my kids is difficult as well as being a fulltime student and working..very very difficult. I think a year off driving has been punishment enough.
S.Heddle