Ruling puts accused drunk drivers back on the road
Hundreds of people who lost their licences after failing roadside breathalyzer tests are getting their permits back after a B.C. judge tossed out part of the province’s tough law against drinking and driving.
Last week, B.C. Supreme Court Justice Jon Sigurdson ruled that the immediate 90-day driving suspensions issued to drivers who register a blood alcohol level above .08 constitute an infringement of drivers’ Charter rights.
Lawyer Paul Doroshenko says he’s filed reams of petitions to the court since the decision was handed down, on behalf of people who want their driving bans and $500 administrative penalties lifted on an interim basis.
“In most of the cases, if we can meet the legal test, we get the driving prohibition suspended,” he told CTV News.
Doroshenko said the judge was right to strike down part of the law, which has been called the toughest in Canada.
“My biggest concern with this legislation is relying on roadside breath testers and the honesty of police when you can’t assess their honesty,” he said.
Doroshenko says that he has filed numerous Access to Information requests with police departments across the province, and has serious concerns about how officers are using their roadside breath-testers.
In Vancouver, for example, “You can see that a lot of the devices give readings they shouldn’t be giving when they test them for calibration,” Doroshenko said.
“Sometimes they grossly inflate the reading that should be reflected on the unit.”
http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20111208/470_bc_driving_bans_lifted_for_drunk_drivers_111208/20111208?hub=BritishColumbia
