B.C.’s anti-drunk driving legislation is a farce that pads provincial coffers while letting impaired motorists escape criminal prosecution, a veteran Vancouver lawyer says.
And Vancouver Criminal Lawyer Paul Doroshenko told the Sun Albertans may be in for the same laws, which he said circumvent federal jurisdiction while being a cash cow for the B.C. provincial government.
“The B.C. legislation, as far as I’m concerned, was primarily designed as a money-saving thing,” Doroshenko said.
Alberta Premier Alison Redford said she is considering similar legislation, but has hinted she won’t make the same mistakes as the B.C. government.
While much of the focus in Alberta has been how the legislation deals with motorists near, but not over, the legal driving limit, Doroshenko said it also has harsh punishments for those believed to be impaired.
But he said because only often miscalibrated roadside screening devices — which have a pass, warning, fail reading — are being used, people are being tried, convicted and sentenced on the spot.
Cops ticket those who fail under the provincial laws instead of proceeding to a criminal investigation where proper breathalyzer testing has to be done.
“The consequence is nobody gets charged with impaired driving anymore,” Doroshenko said.
He said vehicles are impounded for 30 days, licences are suspended on the spot for 90 days, and motorists are subjected to a variety of fines and costs, including a $250 licence reinstatement fee.
“You add it all up in the end and it’s $4,700 by my calculation,” he said.
Doroshenko said the legislation saves the province in police, prosecution and court costs, while “it brings in tonnes of money.”
But he said the cost to members of the public is an erosion of their rights to be fairly treated by the state.
Calgary defence lawyer Ian Savage has similar concerns, noting cops who feel suspects aren’t legitimately trying to blow into the roadside devices can simply fine them on the spot and avoid judicial scrutiny.
“The person is subject to these administrative penalties with very little ability to challenge the officer,” Savage said.
The constitutionality of B.C.’s legislation is currently being considered by a court there.
Source: http://m.calgarysun.com/2011/11/15/lawyer-slams-impaired-driving-law