Second life, although brief, for B.C.'s drunk driving law
By Nelson Daily Staff
A B.C. Supreme Court judge has ruled public safety temporarily trumps charter rights when it comes to provincial drunk driving laws.
Justice Jon Sigurdson ruled earlier this month that the law around immediate roadside prohibitions, also known as the IRPs, for those who blow over .08 on a screening device was unconstitutional.
But on Friday, Sigurdson ruled that his declaration would be delayed until June 30, 2012.
“Accordingly, I have concluded that an immediate declaration of invalidity of part of the IRP regime may pose a danger to the public.”
The law in question allowed police to issue immediate roadside suspensions of up to 90 days for those who blow over .08. It also imposed fines and penalties of up to $4,000, something the judge ruled was too onerous without a meaningful appeal process.
The provincial government said it won’t give up its fight to remove impaired drivers from the road, pointing to figures that show the number of impaired driving deaths dropped by 45 over the last year compared to previous years.
Lawyers who challenged the law want all the penalties imposed under it reversed and the criminal records of the drivers wiped clean, while a lawyer for the government has asked Sigurdson to delay any action until the legislation is changed.
Sigurdson has reserved judgment on the issue.
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