Impaired Driving

Information relating to impaired driving.

Convicted for Impaired Driving in Alberta - Can I Drive in BC?

Keys and DrinkThe basis of this story comes from an inquiry posed by a young man who moved from BC to Alberta for work and was convicted for drinking and driving. He lost his job and was forced to move back home. The Justice of the Peace at the courthouse in Alberta advised that his driving prohibition was for the province of Alberta and that this should not stop him from obtaining a BC driver's licence when he returned home. The Justice of the Peace was not correct.

BC's IRP Program Survives Another Court Challenge

Counsel for Lee Michael Wilson argued that the Approved Screening Device (ASD) result alone could not provide the officer with the reasonable grounds and that the officer was also required to point to other confirmatory evidence. The Supreme Court of Canada ruled today that this is not the case and dismissed the appeal of his Immediate Roadside Prohibition (IRP). The ruling supports the BC Motor Vehicle Act legislation that allows police to quickly and effectively remove impaired drivers from our highways.

CASE LAW - Shmyr v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn April of 2014 Michael Shmyr was convicted in Whatcom County Court in the State of Washington of the offence of driving under the influence of alcohol. Mr. Shmyr is a resident of British Columbia and holds a B.C. driver's licence. The State of Washington Department of Licensing subsequently sent a Mandatory Violation Notice to the Insurance Corporation of British Columbia’s (ICBC) Driver Testing and Vehicle Information Department notifying ICBC of the citation and conviction. ICBC noted the violation and conviction on Mr. Shmyr’s BC driving record. Mr. Shmyr next received a Notice of Intent to Prohibit him from driving for twelve months under s. 93(1)(a)(ii) of the Act from the Superintendent of Motor Vehicles.

CASE LAW - Van Bree v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIt looks like British Columbia's Immediate Roadside Prohibition (IRP) program is under a cloud again. In this case Mr. Justice B.C. MacKenzie is asked to stay a driving prohibition issued under the program to Tony Van Bree on May 23, 2015. The basis for the action is that the IRP legislation challenge has made its way to the Supreme Court of Canada and a decision on its validity in law is pending. Justice MacKenzie granted Mr. Van Bree's application for a stay of the driving prohibition pending the outcome of the Supreme Court decision.

Detecting Drug Impaired Driving

marihuana leafDetecting and successfully prosecuting drug impaired drivers on B.C.'s highways is not a simple task. Currently the Criminal Code provisions for Drug Recognition Expert examination is the only method used to qualify drug induced impairment where the driver is not obviously incapable of physical control. One day in the not too distant future, the Cannabix marihuana breathalyzer may allow police to deal with the problem though a roadside breath test just as they would an alcohol impaired driver.

COUNTERATTACK - Christmas 2014

CounterAttack LogoIt's that time of year again, the second most likely time of the year to run into an impaired driver on BC's roads. The success of Christmas Counterattack has pushed the most likely time to find an impaired driver into the summer months. It's unfortunate that we should find an impaired driver at all.

Impaired Operation of a Motor Vehicle

Keys and DrinkWith all the advertising in the media about impaired driving everyone should know not to drive their car or truck while under the influence. But what about other conveyances?

RESEARCH - Drug Impaired Driving Among Candian Teens

TIRF New LogoParents must discuss the dangers of driving under the influence of drugs with their teenagers. Currently 36.6% of teen fatalities tested positive for alcohol and 39.2% tested positive for drugs. In this context drugs include illegal, over the counter and prescription drugs. Cannabis was by far the most prevalent substance, with 28.6 per cent of fatally-injured drivers testing positive for it. The trend is downward for alcohol and upward for drugs.

CASE LAW - Motor Vehicle or Motorized Bicycle?

Gasoline Motor Powered BicycleThis one is a bit different as the case law comes out of Ontario, although the same principles would apply equally well here in BC. Ricky Pizzacalla was riding a motorized bicycle while prohibited. He was charged criminally and convicted. The case went all the way to the Ontario Court of Appeal where leave to hear the appeal was denied.

VIDEO - Alcohol Interlocks

video iconHere's another video courtesy of TAC Victoria in Australia. A middle aged mother speaks about having to drive with an ignition interlock in her car following an impaired driving infraction. It's not only inconvenient, if you have any personal pride it is also embarrassing.

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