by The Canadian Press - Story: 67940
Nov 30, 2011 / 12:13 pm
Photo: The Canadian Press. All rights reserved.
RCMP Const. Faz Majid removes an open bottle of beer from a motorist's car during a roadside check in Surrey, B.C., on September 24, 2010. The B.C. Supreme Court says the high costs and lengthy roadside suspensions imposed on some drivers who fail a blood-alcohol test are unconstitutional. THE CANADIAN PRESS/Darryl Dyck
The B.C. Supreme Court says the high costs and lengthy roadside suspensions imposed on some drivers who fail a blood-alcohol test are unconstitutional.
Justice Jon Sigurdson found British Columbia's new laws aimed at cracking down on drunk driving go too far by allowing an automatic 90-day driving suspension when someone blows over .08 on a breathalyzer test.
The law also allows for penalties that could cost the suspended driver over $4,000 and Sigurdson says those are significant without any opportunity for a driver to appeal.
He says the province could have easily provided a way for drivers to challenge the results of the screening device.
However, Sigurdson upheld provisions of the law that allow for suspension of up to 30 days for anyone that blows between .05 and .08.
This should raise a whole lot of questions seeing as Alberta and Saskatchewan
are contemplating similar legislation. I wonder where it will go from here?