Impaired Driving

Information relating to impaired driving.

Loss of Insurance Coverage

BC Courts Coat of ArmsIn the early morning hours of April 25, 2015 Kendall Derkson was driving her vehicle on Highway 10 in Surrey. She struck a vehicle driven by Patrick Chan, destroying her vehicle in the process. ICBC refused to cover her loss as she was in breach of her conditions of insurance for being “incapable of proper control of the vehicle” at the time of the collision due to the influence of alcohol.

Dealing With an IRP

Keys and DrinkQuestion: I'm curious about a scenario that was explained to me by someone that I know. They had one drink over an evening at a nightclub and after being stopped for speeding were breath tested by the officer. They were given an Immediate Roadside Prohibition (IRP) for blowing a warn. Is there any recourse for the driver?

CASE LAW - R v Almardy

BC Courts Coat of ArmsKhalid Almardy was stopped by police in the early morning hours of October 21, 2017 in Victoria as he was a novice driver who was not displaying a new driver sign on his vehicle and was carrying too many passengers. Cst. Christians of the Capital Region Integrated Road Safety Unit detected the odour of liquor on Mr. Almardy's breath. Drivers in the Graduated Licensing Program must have zero blood alcohol when 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.

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,