BC Supreme Court judge strikes down some DUI rules

VANCOUVER (NEWS1130) – A BC Supreme Court judge says BC’s impaired driver penalties for people who blow a fail are unconstitutional but the warning penalties are fine.
    
Several people challenged the rules, arguing they violate the “innocent until proven guilty” assumption in our society. That’s because police are able to issue fines, seize cars, and slap penalties on drivers who fail or get a warning on a roadside test under BC’s tougher new impaired driving rules.

News1130 legal analyst Michael Shapray says the judge ruled the law violates people’s charter rights when someone is penalized for blowing a fail on a roadside screening device (over 0.08).

But for those who blow in the warning range, “0.05 to 0.08 have the less severe consequences. They only have the seven-day driving prohibition for a first offence. [The judge] has upheld the legislation as not being a constitutional violation.”

Shapray says those punished for blowing over 0.08 now have more grounds to appeal.

The provincial government is pleased that a judge has ‘substantially upheld’ BC’s tough drunk-driving penalties.

Attorney General Shirley Bond says the part of the law that was overturned will be re-worked and re-introduced in the spring…

“From our perspective, this is very good news. The regime has substantially been upheld. I’m very pleased about that. I think we have the ability to make the fix that the judge has requested today.”

As for the one change needed, affecting people who have blown over .08, Bond explains. “The issue revolved around the use of the approved screening device, and the ability for an individual to specifically challenge the reading of the device.”

BC’s old drunk driving penalties have been re-instated until the new law can be fixed. The legislation is likely to be introduced in the spring.

People who blow between .05 and .08 will still see their cars impounded.. that part of the new law survived the court challenge.

Those fighting against drinking and driving are shocked by the court ruling.

Markita Kaulius’ 22-year-old daughter, Kassandra, was a promising athlete and student, killed by a suspected drunk driver while heading home from a ball game in May of this year.
Kaulius, who’s now working with Victims Services, is having a hard time wrapping her head around the decision.

“It saddens me to hear now that they’ve brought this ruling down, I mean, how many more people will be killed? I think the fatality rates will go up,” she says. “I mean these people are on the roads breaking the law.  They’re driving while impaired.  We’re not being backed by our justice system.  Police are trying to do their job.  Prosecutors are trying to do their job.  The courts are letting us down.”

Local chapter president Bob Rorison with Mothers Against Drunk Driving would only say adjustments to the law will have to be made.

“All I know is that any law that changes habits and prevents death and injury is a good law, so I’m just going to leave those comments very general.”

MADD, the City of Surrey, and families of victims were on hand at Surrey City Hall to launch the annual Red Ribbon campaign, aimed at getting people to think twice about drinking and driving over the holidays.