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Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"
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Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)
Revision as of 07:20, 10 August 2021
, 07:20, 10 August 2021no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 30, 2021}} | ||
{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
==A. Approved Screening Devices== | ==A. Approved Screening Devices== | ||
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Since the enactment of Bill C-46 in December 2018, a police officer is also allowed to demand a mandatory breath sample from a driver at any time. This demand does not require the officer to have reasonable grounds to believe the driver is impaired—they can ask any driver to provide a mandatory sample. This type of demand only applies to roadside tests, not tests where the individual needs to be transported to the police station. The driver does not have a right to consult with counsel before providing a mandatory demand breath sample. There are some requirements for an officer to make a mandatory demand: | Since the enactment of Bill C-46 in December 2018, a police officer is also allowed to demand a mandatory breath sample from a driver at any time. This demand does not require the officer to have reasonable grounds to believe the driver is impaired—they can ask any driver to provide a mandatory sample. This type of demand only applies to roadside tests, not tests where the individual needs to be transported to the police station. The driver does not have a right to consult with counsel before providing a mandatory demand breath sample. There are some requirements for an officer to make a mandatory demand: | ||
A) the officer must have an ASD in their possession when they ask the driver to provide the sample | A) the officer must have an ASD in their possession when they ask the driver to provide the sample; and | ||
B) the officer must ask for the sample when the driver is driving or in care and control of a motor vehicle (they can pull a driver over and ask for a sample, but they cannot make a mandatory demand after the driver stops driving, like after they get home). | B) the officer must ask for the sample when the driver is driving or in care and control of a motor vehicle (they can pull a driver over and ask for a sample, but they cannot make a mandatory demand after the driver stops driving, like after they get home). | ||
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In summary, if the police demand a roadside breath sample, the driver must comply with the breath demand into the ASD. The driver is legally compelled to provide a breath sample unless there is a reasonable excuse not to do so. Refusing without a reasonable excuse constitutes a separate offence. | In summary, if the police demand a roadside breath sample, the driver must comply with the breath demand into the ASD. The driver is legally compelled to provide a breath sample unless there is a reasonable excuse not to do so. Refusing without a reasonable excuse constitutes a separate offence. | ||
== B. Provincial | == B. Provincial Roadside Driving Prohibitions== | ||
Under the ''Motor Vehicle Act'' s 215.41, an immediate roadside prohibition will be served for driving or being in the care or control of a motor vehicle with a blood-alcohol reading in excess of 50 milligrams of alcohol per 100 millilitres of blood (.05). Care or control of a vehicle means occupying the driver’s seat with access to the ignition key, even if the vehicle is parked. | |||
The consequence depends on a number of circumstances, including a driver’s prior history of prohibitions. For clarity, these consequences are listed below. Beyond the penalties noted below, receiving multiple penalties, or just one 90-day driving prohibition or ''Criminal Code'' penalty, can result in referral to the Responsible Driving Program (RDP), or the Ignition Interlock Program (IIP). The RDP is a course taken over 8 or 16 hours, whereas the IIP requires the installation of an interlock device in the driver’s vehicle. For more information, consult the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver Road Safety BC website]. | |||
Beyond the penalties noted below, receiving multiple penalties, or just one 90-day driving prohibition or ''Criminal Code'' penalty, can result in referral to the Responsible Driving Program (RDP), or the Ignition Interlock Program (IIP). The RDP is a course taken over 8 or 16 hours, whereas the IIP requires the installation of an interlock device in the driver’s vehicle. For more information, consult the [ | |||
===1. Immediate Roadside Prohibitions=== | ===1. Immediate Roadside Prohibitions=== | ||
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====a) Challenging Immediate Roadside Prohibition (issued for 3, 7, 30, or 90 days)==== | ====a) Challenging Immediate Roadside Prohibition (issued for 3, 7, 30, or 90 days)==== | ||
A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to RoadSafetyBC for a review of the driving prohibition (''Motor Vehicle Act'' s 215.48(1)) by attending any driver licensing | A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to RoadSafetyBC for a review of the driving prohibition (''Motor Vehicle Act'' s 215.48(1)) by attending any driver licensing centre, and completing and submitting the form, “Immediate Roadside Prohibition – Application for Review – Section 215.48 ''Motor Vehicle Act''”. Fill in the blanks and check all relevant boxes that indicate the ‘grounds for review.’ The grounds for review are: | ||
*Not the driver or in care or control of a motor vehicle; | *Not the driver or in care or control of a motor vehicle; | ||