Impaired Driving

Information relating to impaired driving.

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.

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.

VIEWPOINT - From the Other Side

SoapboxI am about to start driving again and I thought it would be a good idea to keep myself up to date with current events and the rules of the road. I shamefully regret to tell you that two years ago I got a ticket for dui.  Thankfully, i didnt hurt anyone and i wasnt in an accident however, that doesnt excuse the fact that I dis it and had I was gicen a great big fimne, car was impounded, and of course licence was taken away.

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.

RESOURCE - Canadian Society of Forensic Science Alcohol Test Committee

Roadside Screening DeviceThere has been some controversy lately over the calibration and use of approved screening devices at the roadside in British Columbia. Have you ever wondered about the science behind these devices or the procedures that the police must follow when using them? If so, the Alcohol Test Committee's page at the Canadian Society of Forensic Science's web site is a good place to start learning.

REPORT - Administrative Alcohol and Drug Related Driving Prohibitions

BC LogoDriving 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:

CASE LAW - Bro v Superintendent of Motor Vehicles

BC Courts Coat of ArmsThe 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.

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