Impaired Driving

Information relating to impaired driving.

RESOURCE - Drug Impaired Driving Learning Center

TIRF New LogoA collaboration between the Traffic Injury Research Foundation and State Farm Canada has produced the Drug Impaired Driving Learning Center. This web based resource is a summary of the latest research about drug-impaired driving in several key areas:

READING - IIHS Status Report August 3, 2017

IIHS LogoThe latest issue of the Status Report examines unbelted adults in the rear seating positions of a vehicle. While Canadians might be more apt to use their seatbelts when sitting in the back seat, it's still important information for those who don't, or those who ride with people that don't.

CASE LAW - Hamman v ICBC

BC Courts Coat of ArmsDo you have $212,000.00 in spare disposable income? Ryan Hamman rear ended a vehicle that was stopped on Highway 1 near 176 Street in Surrey, B.C. That vehicle was driven forward into the vehicle in front of it and the driver of the first vehicle was injured. ICBC denied coverage because Mr. Hamman was impaired by alcohol at the time of the collision. Litigation ensued with the final outcome being damages against Mr. Hamman and in favour of ICBC amounting to $212,000.00.

HERGOTT LAW - A Bar's Responsibility to the Public

Hergott Law logoPaul examines the case of Widdowson v Rockwell 2017 BCSC 385, a recent Supreme Court of British Columbia decision that determined liability for a crash in which the drunk driver Bradley Rockwell struck and severely injured Stuart Widdowson in Port Moody.

HERGOTT LAW - Mom's Impaired Driving Teaches Us a Lesson

Hergott Law logoPaul examines an impaired driving crash in Vernon that occurred in October 2014 and recently concluded in court. Lori Vance is a mother of 4 with an unblemished driving record and was known for making sure that others did not drive while impaired. She made the choice to drive after drinking at a bar one night, running a red light, killing Erin Smith and seriously injuring Lindsey Hauck. Ms. Vance was sentenced to 3 years in jail for causing the death and 1 year concurrent for causing the injury.

CASE LAW - Gainder v The Minister of Justice

BC Courts Coat of ArmsMandeep Gainder, a novice driver, was discovered sitting in his idling car which emitted a strong odour of marihuana from the passenger compartment. Constable Troughton performed a Standardized Field Sobriety Test on Mr. Gainder who admitted smoking the drug and failed the test. A 24 hour prohibition for drug use was issued by Constable Earle. This suspension was not disputed.

PILOT PROJECT - Drug Impaired Driving Saliva Testing

SwabWould you care to volunteer a sample of saliva to test for drug use? This question might soon be part of an impaired driving investigation in Vancouver. Part of a federal pilot project to evaluate testing devices and to establish protocols for their use, volunteered saliva test results would not be used as part of court or administrative sanctions against the driver. Unfortunately, the story does not provide any indication of how the test results would equate with impairment or the accuracy of the instruments.

VIDEO - The Party's Over

video iconThe Australians are are passing the Christmas message that we all have a role to play in reducing road trauma. It's up to you to do your part. Plan how you are getting home from any parties or get togethers, don’t be distracted by your phone, keep your drinking separate from your driving, don’t drive when you are tired and overall – look out for each other on our roads.

RESEARCH - Blood THC Concentration and Driver Impairment

marihuanaThe American Automobile Association Foundation for Traffic Safety has released a report titled An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per se Limits for Cannabis. Researchers examined Drug Recognition Expert (DRE) and impaired driving arrest investigation data and compared the blood levels of THC to observed impairment. The conclusion made was that a quantitative threshold for per se laws for THC following cannabis use cannot be scientifically supported.

Beware the Morning After

Alco-Sensor FSTParty Hearty! Some people would seem to make a contest about how much alcohol they can drink and still function. Early in my policing career it was not uncommon to find a drunk driver with a blood alcohol level between .30 and .36. These people were truly drunk and not just impaired as most of us would start to be at the .05 level. Time to head for home and sleep it off because some of us have to be at work in the morning.

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