Impaired Driving

Information relating to impaired driving.

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.

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.

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.

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