Impaired Driving

Information relating to impaired driving.

CASE LAW - R v Schultz

BC Courts Coat of ArmsBrigitte Schultz was stopped by police in Abbotsford for failing to maintain proper lane position, driving more slowly than normal and failing to stop for a yellow light. She displayed symptoms of impairment and was tested with an approved screening device. The test registered a fail.

READING - Status of Alcohol Impaired Driving in Canada

TIRF New LogoAlthough impaired driving in Canada has generally declined, there are several key considerations to examine in light of bills C-45 and C-46 which warrants concern. At the same time, there are also alternative strategies that can help relieve some of the pressure on the criminal justice system. This analysis underscores that impaired driving is a multi-faceted and complex social issue that remains a relevant public safety concern.

BILL 17 - New Motor Vehicle Act Drugged Driving Provisions

Bill 17, the Motor Vehicle Amendment Act (MVA) 2018 has passed third reading in the legislature. The bill amends the MVA to include provisions for the use of drug screening instruments and the imposition of prohibitions based on the result of using them to test a driver. In addition, a driver may be subject to licence conditions prohibiting the operation of a motor vehicle when the driver has a prescribed drug in their body,

DATA - RoadSafetyBC Statistics

New BC LogoData BC's data catalogue contains 20 datasets for RoadSafetyBC that include a wide variety of data about motor vehicle collisions in our province. It also contains sets for Immediate Roadside Prohibitions (IRP), vehicle impounds and other driving prohibitions.

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.

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