Impaired Driving

The 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.

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.

In 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.

It 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.

Detecting 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.

With 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?

Parents 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.

This 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.

Driving while impaired by alcohol or other drugs continues to be a significant problem in British Columbia, our Immediate Roadside Prohibition (IRP) notwithstanding. While it has saved lives, we still have a long way to go. RoadSafetyBC (the new name of the Office of the Superintendent of Motor Vehicles) publishes data on the IRP program for the public's review.

Link:

The Honourable Mr. Justice Macaulay hears the constitutional argument against the current Immediate Roadside Prohibition laws in BC. He decides "... that the salutary effects of the IRP regime far outweigh the alleged deleterious effects. Any violation of s. 8 is, as a result, saved under s. 1.