The BC Supreme Court has ruled today that police officers can only issue 24 hour drug impaired driving prohibitions at the roadside and nowhere else.
“It has the potential to have 24 hour prohibitions removed from thousands of people’s driving record.”
Acumen Law’s Kyla Lee says it all stems from a ruling today.
“Today the BC Supreme Court ruled that police officers cannot issue 24 hour prohibitions for drugs to drivers at police stations or anywhere that is not right at the roadside when they are dealing with them. This has the potential to impact thousands of cases that have already been issued and thousands of cases going forward.”
Lee says either the provincial government has to rewrite its legislation governing driving prohibitions or give police officers the tools they need.
“If you have received a 24 hour prohibition and the paperwork for it was given to you anywhere other than the roadside. At the police station, at your house, or at a hospital you should call a lawyer and consider filing a judicial review in BC Supreme Court. Because the court has determined those prohibitions were invalidly issued and must be quashed.”
Read the full article on NL Local News First here:
Kyla Lee - Vancouver Criminal Lawyer
Vancouver Criminal Lawyer Kyla Lee is available to give interviews on all variety of criminal law topics, including drunk driving rulings and Immediate Roadside Prohibition legislation. Kyla Lee has appeared on Global BC, CBC, in the Vancouver Sun, and other media throughout BC. She is a leader in developments in drinking and driving law in British Columbia.