CASE LAW - Basi v The Superintendent of Motor Vehicles

BC Courts Coat of ArmsSpencer Basi was stopped while driving a motor vehicle under the influence of marihuana. A Standardized Field Sobriety Test was conducted after an initial questioning by the arresting officer. Mr. Basi showed symptoms consistent with marihuna impairment, was prohibited from driving for 24 hours and had his vehicle impounded for a similar time period.

There is no review process for marihuana prohibitions with the Superintendent so Mr. Basi was required to resort to the Supreme Court in an attempt to have the prohibition set aside and removed from his driving record. He was not successful and it is interesting to understand how marihuana impairment is shown to satisfy the court.