Part of a law the B.C. government heralds as responsible for saving lives by keeping drunk drivers out of their vehicles has been ruled unconstitutional by a judge who found motorists are given little chance to defend themselves if they blow over the legal blood-alcohol limit at a roadside test.
Justice Jon Sigurdson found B.C.’s new laws go too far by allowing automatic driving suspensions of up to 90 days, impounding of vehicles and the imposition of thousands of dollars in costs when someone blows over .08 on a roadside screening device.
The law violates constitutional protections against search and seizure, he concluded.
“While the consequences from the search are substantial and approach criminal law sanctions, there is no way under the impugned law for the driver to challenge the validity of the results,” Sigurdson wrote in the judgment released yesterday.
The B.C. government credited the legislation with leading to a significant drop in the number of deaths from drunk driving over the past year. On average, 113 people died per year between 2005 and 2010 as a result of impaired driving, but that number dropped to 45 after the law was introduced last October.
Solicitor General Shirley Bond said only a “minor fix” is needed to bring the law into line with the Constitution.
She noted that Sigurdson upheld most of the law, rejecting arguments that the province was infringing on federal turf by enacting it.
“We’re very pleased with the ruling today,” Bond said, adding the government will be moving as quickly as possible to address the portion of the legislation Sigurdson rejected.
The law allows for penalties that could cost suspended drivers more than $ 4,000 and prompt them to lose driving privileges and their vehicle for up to 90 days without recourse to a lawyer or a courtroom.
Local news from metronews.ca/vancouver
About The Reporter
