October 16, 2005

SCC finds right to legal counsel not absolute for suspected drunk drivers.

The Supreme Court of Canada's ruling in R. v. Orbanski; R. v. Elias, 2005 SCC 37 endorses the use of roadside breathalyzer and sobriety tests as reasonable limits on the right to counsel of a person accused of drunk driving. The Court found that reducing the damage caused by drunk drivers constituted a compelling state objective and that the use of standard screen methods (like the breathalyzer) were both rationally connected to that objective and no more intrusive than necessary to meet it. It's early days yet but this decision highlights the imporantance of vigilence on the part of defence counsel to ensure that an accused's s.10(b) Charter rights are observed in the context of police administering a roadside screening test.

To read the full reasons for judgment click HERE.

Posted by BCCLB at 03:00 PM

October 14, 2005

Final phase of tougher drunk driving legislation in effect as of June 15, 2005.

As of June 15, 2005, BC drivers convicted of drinking and driving must complete a user-pay education and rehabilitation program before they will be allowed to drive again. The Province is also committed to bringing in user-pay interlock ignition programs which require a breath sample with zero alcohol in order for a vehicle to start. This more drastic measure may be imposed in cases where a driver has more than one DUI conviction.

Other provisions of the The Motor Vehicle Amendment Act (Bill 66) that came into force in late 2004 and earlier this year include:

December 13, 2004:
*Police can now immediately impound vehicles at the roadside for 24 hours where the driver receives a 24-hour alcohol related driving prohibition.

January 1, 2005:
*fines for driving while prohibited or suspended have increased from $300 to a $500 minimum and police are empowered power to impound vehicles for 60 days on a first offence and 90 days for a subsequent offence.
*Courts now have the discretion to consider the particular circumstances of a first drunk driving offence and impose jail time where appropriate.
*ICBC can now refuse to issue a driver's license if a person has outstanding fines for offences commited under the Liquor Control and Licensing Act.

January 17, 2005:
*New or learning drivers can no longer demand a blood test to challenge the results of a roadside screening device.
*Road side screening is now sufficient to meet the demand for a breath test to challenge a 24-hour prohibition on driving whereas before the test had to be conducted at a police station.

May 1, 2005:
*Immediate license suspension now occurs where a court imposes a ban on driving as part of bail conditions.

To read Bill 66 click here.

Posted by BCCLB at 04:03 PM

October 04, 2005

Impaired driving charges can be plea bargained.

The case of R. v. L. demonstrates that impaired driving charges do not always have to end with an accused suffering the stigma and consequences associated with having a criminal record, Mr. L. was charged with impaired driving and driving over .08 after blowing over twice the legal limit. The case was successfully plea bargained to a ticket of driving without due care and attention resulting in Mr. L. avoiding a criminal record and not have to serve a driving prohibition.

Posted by BCCLB at 11:58 AM

September 29, 2005

Cross-examination key to not guilty verdict in impaired driving case.

P.S. was charged with impaired driving, refusal to provide a breath sample, and police pursuit. Mr. S. was found not guilty of all charges without having to testify after the cross-examination of three RCMP officers involved in the case.

Posted by BCCLB at 05:39 PM