Anonymous

Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"

From Clicklaw Wikibooks

Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)

Revision as of 07:47, 10 August 2021

393 bytes removed ,  07:47, 10 August 2021
→‎D. Federal Alcohol and Drug Offences
Line 136: Line 136:
For a charge under s 320.14, the Crown may prove a blood alcohol reading in excess of .08 by producing a valid certificate of analysis or providing ''vive voce'' testimony at trial from a registered analyst or breathalyser technician about the blood alcohol concentration at the time the accused provided a breath sample.
For a charge under s 320.14, the Crown may prove a blood alcohol reading in excess of .08 by producing a valid certificate of analysis or providing ''vive voce'' testimony at trial from a registered analyst or breathalyser technician about the blood alcohol concentration at the time the accused provided a breath sample.


Once a certificate has been prepared or the Crown has tendered ''vive voce'' evidence of the blood alcohol concentration, the Crown can rely on the presumption commonly known as the “presumption back” set out in ''Criminal Code'' s 320.31 (2). Under this section, where samples of breath are taken within two hours from the time the offence is alleged to have been committed, the concentration of alcohol in the blood reflected by those samples will be assumed to have been the concentration of alcohol in the blood at the time of the offence unless the accused raises evidence to the contrary (i.e. that they consumed more alcohol between being stopped and the time the sample was taken). S 320.31 (1) also sets out requirements for the operation of the testing device. If those requirements are met, then there is a presumption that the results of the test are accurate. The results of a blood sample are also presumed to be accurate unless there is evidence to the contrary (s 320.31 (2)).  
Under section 320.31(1), the results from the analyses of breath samples are presumed to be accurate when:
 
a)The qualified technician, using an approved instrument, conducted a system blank test and a system calibration check before each sample was taken;
b)There was an interval of at least 15 minutes between the samples were taken; and
c)The results of the analyses rounded down to the nearest multiple of 10mg, did not differ by more than 20mg of alcohol in 100mL of blood.  
 
The results of blood sample analyses are also presumed to be accurate unless there is evidence to the contrary (s 320.31 (2)).  


Note that this presumption pertaining to the evidence contained in the breathalyser certificate does not offend s 11(d) of the ''Charter'' which protects the presumption of innocence: ''R v Bateman'', [1987] BCJ No 253; 46 MVR 155 (BC Co Ct).
Note that this presumption pertaining to the evidence contained in the breathalyser certificate does not offend s 11(d) of the ''Charter'' which protects the presumption of innocence: ''R v Bateman'', [1987] BCJ No 253; 46 MVR 155 (BC Co Ct).
Line 188: Line 194:
In addition to facing the risk of a criminal conviction, drivers who are charged under the Criminal Code are also issued a 90-day Administrative Driving Prohibition pursuant to s 94.1 of the ''Motor Vehicle Act''.
In addition to facing the risk of a criminal conviction, drivers who are charged under the Criminal Code are also issued a 90-day Administrative Driving Prohibition pursuant to s 94.1 of the ''Motor Vehicle Act''.


==== 1. Provincial Driving Prohibitions for Criminal Convictions ====
=== 5. Provincial Driving Prohibitions for Criminal Convictions ===
If you are convicted of a federal criminal impaired driving or refusal offence under ss 320.14(1) or 320.15(1) of the Criminal Code, you may be prohibited from driving as follows (s 320.24(1)):
If you are convicted of a federal criminal impaired driving or refusal offence under ss 320.14(1) or 320.15(1) of the Criminal Code, you may be prohibited from driving as follows (s 320.24(1)):


Line 201: Line 207:
In addition, 10 penalty points are recorded pursuant to the Motor Vehicle Act Regulations and the offence may be a breach of certain conditions under s 55(8) of the ''Insurance (Vehicle) Regulation'' if convicted, meaning that insurance will not cover an accident that occurs within 2 hours before the offence was committed if the offender was operating the vehicle. This also applies if the offender was convicted under the Young Offenders Act or a similar act in the US.
In addition, 10 penalty points are recorded pursuant to the Motor Vehicle Act Regulations and the offence may be a breach of certain conditions under s 55(8) of the ''Insurance (Vehicle) Regulation'' if convicted, meaning that insurance will not cover an accident that occurs within 2 hours before the offence was committed if the offender was operating the vehicle. This also applies if the offender was convicted under the Young Offenders Act or a similar act in the US.


==== 2. 90 Day Administrative Driving Prohibitions ====
=== 6. 90 Day Administrative Driving Prohibitions ===
Under BC’s ''Motor Vehicle Act'' (s 94.1), a 90-Day Administrative Driving Prohibition (ADP) will be issued to any driver who is found to have a BAC over 0.08 or a blood drug concentration (BDC) that violates the ''Motor Vehicle Act'' Regulations. An ADP can also be issued if the driver refuses to provide a sample without a reasonable excuse or if a drug recognition expert determines that their ability to drive was impaired. This is in addition to federal criminal charges you may face. An ADP cannot be issued along with an Immediate Roadside Prohibition (IRP) (only one can be issued).
Under BC’s ''Motor Vehicle Act'' (s 94.1), a 90-Day Administrative Driving Prohibition (ADP) will be issued to any driver who is found to have a BAC over 0.08 or a blood drug concentration (BDC) that violates the ''Motor Vehicle Act'' Regulations. An ADP can also be issued if the driver refuses to provide a sample without a reasonable excuse or if a drug recognition expert determines that their ability to drive was impaired. This is in addition to federal criminal charges you may face. An ADP cannot be issued along with an Immediate Roadside Prohibition (IRP) (only one can be issued).
   
   
LSLAP
5,109

edits

Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/50421"