Police conducting a roadside check for impaired drivers.

Court reprieve restores full arsenal of roadside penalties against drunks

Follow-up ruling gives province six months to revise impaired driving punishments to comply with law

The courts have temporarily restored the power of police officers to issue stiff 90-day suspensions to impaired drivers caught with a blood-alcohol level over 0.08.

B.C. Supreme Court Justice Jon Sigurdson, who previously struck down that part of the roadside penalty system, issued a follow-up ruling Friday that suspends the implementation of his decision until June 30.

That effectively gives the provincial government six months to pass new legislation to ensure the roadside penalties and process to appeal them comply with the law.

Justice Sigurdson noted the government considers the automatic roadside penalties more effective than criminal prosecutions in fighting impaired driving.

“I have concluded that an immediate declaration of invalidity of part of the (administrative penalty) regime may pose a danger to the public,” he found.

Sigurdson’s original Nov. 30 ruling fanned fears that police powers to battle impaired drivers would be seriously eroded just as the holiday CounterAttack campaign was getting underway.

For three weeks since the Nov. 30 judgment, police had been unable to issue the 90-day suspensions and related penalties and fees that add up to $3,750 for drivers who blow in the “fail” range over 0.08.

Instead, officers at roadblocks faced a choice: arrest the driver and proceed with a time-consuming criminal impaired investigation or else issue only a 24-hour suspension.

A roadblock that caught two impaired drivers would lose its investigating officers to the criminal procedure and might have to halt enforcement early that night as a result.

For roadside readings of 0.08 per cent or higher, police had previously been imposing a 90-day driving ban, a $500 fine and impounding the vehicle for 30 days. That suspension can cost a driver $3,750, including $700 for towing and storage and $1,420 to take a mandatory “responsible driver” course.

To comply with the court rulings, the province must ensure those drivers get a chance to challenge the decision.

“We will work to introduce changes to the Motor Vehicle Act as soon as possible in the spring legislative session,” Solicitor General Shirley Bond said in a statement Friday. “We continue to analyze Justice Sigurdson’s comprehensive decision to determine what those changes will consist of.”

Justice Sigurdson also found 90-day suspensions are constitutional for drivers who refuse to provide a breath sample upon request.

He also upheld the use of the immediate roadside prohibitions for drivers who blow in the “warn” range between 0.05 and 0.08.

Bond noted the roadside penalties resulted in a 40 per cent drop in alcohol-related deaths in the first year.

“The statistics speak for themselves,” she said. “Forty-five more people are alive to enjoy the holidays this year because police stopped impaired drivers, people who would not be with their families today without this legislation.

“We are not going to give up our fight to remove impaired drivers from B.C.’s roads, and we will continue to use every responsible tool at our disposal to combat drinking and driving,” Bond said.

“We want the public to know police will be out in full force over Christmas as part of their CounterAttack program to protect the public from people who are drinking and driving.”

Sigurdson has yet to rule on whether B.C. drivers who were punished without sufficient right to appeal are entitled to compensation.

Just Posted

Duo robs Harrison Hot Springs gas station

Husky manager planning to tighten security

Snow prayers answered as Manning Park ski hill opens Friday

Ski hill will be open seven days a week starting Dec. 14, and cross-country trails as well

Fleeing driver picks fight with Chilliwack police dog, loses

Good dog ‘Griff’ also locates large quantity of what police believe to be crystal meth in Abbotsford

UPDATE: Heavy rainfall, strong winds in forecast for Lower Mainland

Heavy rains, snow expected till Friday morning

Trudeau to make it harder for future PM to reverse Senate reforms

Of the 105 current senators, 54 are now independents who have banded together in Independent Senators’ Group

Boeser has 2 points as Canucks ground Flyers 5-1

WATCH: Vancouver has little trouble with slumping Philly side

Man dies after falling from B.C. bridge

Intoxicated man climbed railing, lost his balance and fell into the water below

Hundreds attend Hells Angels funeral in Maple Ridge

Body of Chad John Wilson found last month face-down under the Golden Ears Bridge.

B.C. animation team the ‘heart’ of new ‘Spider-Man: Into the Spider-Verse’

The animators, largely based in Vancouver, ultimately came up with a creative technique that is drawing praise

Light at the end of the tunnel for UN climate talks

Meeting in Katowice was meant to finalize how countries report their emissions of greenhouses gases

Gas prices to climb 11 cents overnight in Lower Mainland

Hike of 17 cents in less than 48 hours due to unexpected shutdown of Washington state pipeline

Janet Jackson, Def Leppard, Nicks join Rock Hall of Fame

Radiohead, the Cure, Roxy Music and the Zombies will also be ushered in at the 34th induction ceremony

Supreme Court affirms privacy rights for Canadians who share a computer

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure

Most Read