Impaired Driving

Information relating to impaired driving.

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.

Q&A - Drug Use a Concern if Cannabis is Legalized

marihuanaPrevalence of Alcohol and Drug Use in Injured British Columbia Drivers

This study was conducted in seven major trauma centers in British Columbia between 2010 and 2012.

The conclusion:

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.

REPORT - Drinking and Driving in Canada 2015

TIRF New LogoFrom the document introduction: "This fact sheet summarizes findings about drinking and driving in Canada from the Road Safety Monitor (RSM), 2015, a national public opinion poll on road safety issues. The survey takes the pulse of the nation on key road safety issues by means of an on- line survey of a random, representative sample of Canadian drivers."

Q&A - Novice Driver & Impaired Driving

New Driver Signs 2011Hi, I am a 17 yr old high school student. I live in British Columbia. I have a novice driver's license and I got pulled over when I was drunk. I blew a fail and got a 90 days suspension. I also have to pay more than $1700.

my question is where do they expect me to get that kind of money? I am only a high school student and my parents were not helping me since I was in grade 10.

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