Q&A - Novice Driver Crashes, Then Drinks and is Suspended by Police
I have a question and after reading some of your articles, you may be the one to clarify this for me. My son, who is a novice driver in GLP of BC, was in an accident here on Vancouver Island. He was the only one involved, going into the ditch but sustained a large 2" gash on his chin, right down to the bone.
As no one was around, he went about 3/4 mile down the road to his friends place to get cleaned up, and yes....had a couple of beers. Actually, I would probably do the same thing.
After about 3/4 hour, his friends drove him back to his truck. The police were there at that point....which is fine. What we can't understand is that, given the time line, the officer gave my son a 24 hour suspension because she smelled beer on his breath!
Of course she did, and my son didn't hide the fact that he just had a couple of beers while getting cleaned up.
That doesn't make sense to us...but here is my more important question. Because my son is a novice driver, was the officer not required to do a roadside test to confirm alcohol in his system and then give him a 12 hour suspension as in section 90.3 of the motor vehicle act?
She gave him a 24 hour suspension based on "reasonable and probable grounds" (which were wrong in the first place) and in having those suspicions, REQUIRED to give a roadside test because of the novice driver status. This is my understanding anyways.
According to Office of the Superintendant of Motor Vehicles website novice drivers will receive a 12-hour immediate roadside Licence Suspension (24-hour for drugs) if alcohol is suspected to be in the drivers system.
In the motor vehicle act, 12 hour suspensions fall under section 90.3 where it is stated that an ASD MUST be used.....the suspension cannot be given by admission or observation alone as is the case with a 24 hour prohibition.
So, you can see where we are a little confused and that is why I'm putting this to you. I know 24 hour suspensions are hard to get "repealed", but we are going to. First of all, there is NO basis for the 24 hours suspension, and the proper procedure with a novice driver was not followed..and if found to be alcohol involved, the proper suspension given.