Impaired Driving

Information relating to impaired driving.

Review of Immediate Roadside Prohibitions

Scales of JusticeThe most significant concern apparent to me with regard to the new Immediate Roadside Prohibition (IRP) program in BC is that the police are seen to be the judge and jury at roadside. This has been the case since the creation of the roadside prohibition many years ago, the only thing that has changed is the size of the penalty. Few people seem to be aware that this action is subject to review both by the Superintendent of Motor Vehicles and the courts.

CASE LAW - Rossi v Superintendent of Motor Vehicles

BC Courts Coat of ArmsMr. Rossi was investigated for driving while impaired by alcohol. He provided a breath sample that registered a fail reading on an Approved Screening Device. Subsequent to that he supplied two samples of breath analyzed at 80 mg% on a BAC Datamaster C instrument. As a result of this, the investigator served Mr. Rossi with an Administrative Driving Prohibition for 90 days.

You Blew a Fail, What Now?

RSDAfter all the publicity concerning BC having the toughest impaired driving penalties in Canada you decide to drink and drive. You are stopped by police, blow a fail reading (BAC > 100 mg% or .10) on the screening device and are now in serious trouble for the first time in your driving career. What happens under the Immediate Roadside Prohibition (IRP) Program?

Driving with a BAC Between 50 and 80 mg%

Alcosensor FSTIn 1977 BC established the limit of 50 mg% as the provincial limit on Blood Alcohol Concentration (BAC) for drivers. When tested with an approved screening device drivers with a BAC over this limit received a 24 hour roadside prohibition. Relatively recently, this prohibition also included a 24 hour vehicle impoundment to go along with the prohibition.

CASE LAW - R v Berner

BC Courts Coat of ArmsThis is the provincial court decision rendered by Judge P.D. Gulbranson finding Carol Ann Berner guilty of all charges arising out of the death of Alexa Middelaer and the serious injuries caused to her aunt, Daphne Middelaer.

CASE LAW - R v Rock

BC Courts Coat of ArmsKurtis William Rock was an 18 year old who spent the day drinking beer in the park with friends. At the conclusion of the drinking session he loaded two minors in his mother's Buick Rendezvous and entered traffic in the City of Vancouver.