Impaired Driving

Information relating to impaired driving.

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.

PILOT PROJECT - Drug Impaired Driving Saliva Testing

SwabWould you care to volunteer a sample of saliva to test for drug use? This question might soon be part of an impaired driving investigation in Vancouver. Part of a federal pilot project to evaluate testing devices and to establish protocols for their use, volunteered saliva test results would not be used as part of court or administrative sanctions against the driver. Unfortunately, the story does not provide any indication of how the test results would equate with impairment or the accuracy of the instruments.

VIDEO - The Party's Over

video iconThe 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.

REPORT - Cannabis and Road Safety: Policy Challenges

TIRF logoThe following is quoted from the document's executive summary:

The identification of priority strategies, relevant issues, and implementation plans was a central focus of this study, which can serve to inform road safety strategies for drugged driving. A total of 46 individuals consisting of both line staff and managers from 25 agencies that represented Federal and provincial stakeholders in the areas of law enforcement, transportation and health were interviewed to identify cannabis -impaired driving legislative and policy priorities, the types of knowledge that are most relevant to inform decision -making in these areas, and concerns related to implementation.

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.

Beware the Morning After

Alco-Sensor FSTParty Hearty! Some people would seem to make a contest about how much alcohol they can drink and still function. Early in my policing career it was not uncommon to find a drunk driver with a blood alcohol level between .30 and .36. These people were truly drunk and not just impaired as most of us would start to be at the .05 level. Time to head for home and sleep it off because some of us have to be at work in the morning.

REPORT - Drinking and Driving in Canada 2015

TIRF New LogoFrom the document introduction: "This fact sheet summarizes findings about drinking and driving in Canada from the Road Safety Monitor (RSM), 2015, a national public opinion poll on road safety issues. The survey takes the pulse of the nation on key road safety issues by means of an on- line survey of a random, representative sample of Canadian drivers."

Convicted for Impaired Driving in Alberta - Can I Drive in BC?

Keys and DrinkThe basis of this story comes from an inquiry posed by a young man who moved from BC to Alberta for work and was convicted for drinking and driving. He lost his job and was forced to move back home. The Justice of the Peace at the courthouse in Alberta advised that his driving prohibition was for the province of Alberta and that this should not stop him from obtaining a BC driver's licence when he returned home. The Justice of the Peace was not correct.

BC's IRP Program Survives Another Court Challenge

Counsel for Lee Michael Wilson argued that the Approved Screening Device (ASD) result alone could not provide the officer with the reasonable grounds and that the officer was also required to point to other confirmatory evidence. The Supreme Court of Canada ruled today that this is not the case and dismissed the appeal of his Immediate Roadside Prohibition (IRP). The ruling supports the BC Motor Vehicle Act legislation that allows police to quickly and effectively remove impaired drivers from our highways.

CASE LAW - Shmyr v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn April of 2014 Michael Shmyr was convicted in Whatcom County Court in the State of Washington of the offence of driving under the influence of alcohol. Mr. Shmyr is a resident of British Columbia and holds a B.C. driver's licence. The State of Washington Department of Licensing subsequently sent a Mandatory Violation Notice to the Insurance Corporation of British Columbia’s (ICBC) Driver Testing and Vehicle Information Department notifying ICBC of the citation and conviction. ICBC noted the violation and conviction on Mr. Shmyr’s BC driving record. Mr. Shmyr next received a Notice of Intent to Prohibit him from driving for twelve months under s. 93(1)(a)(ii) of the Act from the Superintendent of Motor Vehicles.

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