Impaired Driving

Information relating to impaired driving.

CASE LAW - Hamman v ICBC

BC Courts Coat of ArmsDo you have $212,000.00 in spare disposable income? Ryan Hamman rear ended a vehicle that was stopped on Highway 1 near 176 Street in Surrey, B.C. That vehicle was driven forward into the vehicle in front of it and the driver of the first vehicle was injured. ICBC denied coverage because Mr. Hamman was impaired by alcohol at the time of the collision. Litigation ensued with the final outcome being damages against Mr. Hamman and in favour of ICBC amounting to $212,000.00.

HERGOTT LAW - Mom's Impaired Driving Teaches Us a Lesson

Hergott Law logoPaul examines an impaired driving crash in Vernon that occurred in October 2014 and recently concluded in court. Lori Vance is a mother of 4 with an unblemished driving record and was known for making sure that others did not drive while impaired. She made the choice to drive after drinking at a bar one night, running a red light, killing Erin Smith and seriously injuring Lindsey Hauck.

CASE LAW - Gainder v The Minister of Justice

BC Courts Coat of ArmsMandeep Gainder, a novice driver, was discovered sitting in his idling car which emitted a strong odour of marihuana from the passenger compartment. Constable Troughton performed a Standardized Field Sobriety Test on Mr. Gainder who admitted smoking the drug and failed the test. A 24 hour prohibition for drug use was issued by Constable Earle. This suspension was not disputed.

VIDEO - The Party's Over

VideoThe Australians are are passing the Christmas message that we all have a role to play in reducing road trauma. It's up to you to do your part. Plan how you are getting home from any parties or get togethers, don’t be distracted by your phone, keep your drinking separate from your driving, don’t drive when you are tired and overall – look out for each other on our roads.

RESEARCH - Blood THC Concentration and Driver Impairment

marihuanaThe American Automobile Association Foundation for Traffic Safety has released a report titled An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per se Limits for Cannabis. Researchers examined Drug Recognition Expert (DRE) and impaired driving arrest investigation data and compared the blood levels of THC to observed impairment. The conclusion made was that a quantitative threshold for per se laws for THC following cannabis use cannot be scientifically supported.