Drunk driving laws being challenged at BC Court of Appeal

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VANCOUVER (NEWS1130) – British Columbia’s Immediate Roadside Prohibition legislation is facing another legal challenge, as the BC Court of Appeal determines whether it is constitutional.

This stems from a lower court ruling, which overturned the law for anyone who failed a roadside screening test. Right now, if you refuse that test you can be fined, have your licence suspended, or your car seized on the spot.

Critics say there is proof roadside screening devices aren’t always accurate, and people should be presumed innocent until they are tested in custody with a lawyer present.

“Despite the good objectives of removing people who drink and drive from our roads, you don’t want to do that in a manner that strips people of their right to examine the evidence and challenge the charge and to have their day in court,” says News1130 Legal Analyst Michael Shapray.

“The penalties are so hard at the roadside now… people have no ability to challenge them and that’s the balancing act that’s got to be looked at. It’s all about balancing people’s rights versus the objective and the manner in which the government seeks to accomplish that,” he explains.

The BC Civil Liberties Association is an intervenor in the case, which is expected to last three days.

Shapray predicts no matter which way the court rules, you could see this case go all the way to the Supreme Court of Canada.

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