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Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 16th, 2013, 9:52 pm
by jerome2877
diggerdick wrote:B.C. reviewing drunk driving penalties of 1,200 motorists VICTORIA -- Strong legal challenges from motorists forced to pay thousands of dollars in costs as part of the government's get-tough impaired driving laws have prompted a review that could put the brakes on penalties worth more than $2,600 for some drivers, says British Columbia's deputy superintendent of motor vehicles.

"What's happened is we've had some petitions lately with some strong legal arguments," said Stephanie Melvin. "We've taken another look at what we're trying to do."

Melvin said the government is reviewing penalties for 1,200 motorists who were handed immediate roadside prohibitions during a three-week period in November 2011 just before the B.C. Supreme Court struck down part of the impaired driving law. http://bc.ctvnews.ca/b-c-reviewing-drun ... z2ICMouj2U


They are being forced to admit that the Interlock and RDP have not been discretionary like they have claimed since the law came into effect!! How about all the people who served their time and paid the money for this when they should not have been required to do so?

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 16th, 2013, 10:13 pm
by goatboy
jerome2877 wrote:
They are being forced to admit that the Interlock and RDP have not been discretionary like they have claimed since the law came into effect!! How about all the people who served their time and paid the money for this when they should not have been required to do so?


And who would all these people be?

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 16th, 2013, 10:34 pm
by jerome2877
goatboy wrote:
And who would all these people be?


All the people who received an IRP, served the 90 days then were required to install the interlock and complete the responsible driver program. The 90 prohibition for fail was mandatory however the interlock and RDP were supposed to be discretionary based on your driving record. This was not the case! Everyone was required to do this, so those who had good driving records before this should not have had to do complete either of the two and should be reimbursed!

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 7:42 am
by twobits
The second fail with this draconian legislation. More to come me thinks.

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 8:06 am
by abbyrugby
Do you hear that?

:hailjo: That's the sound of justice.

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 9:51 am
by goatboy
jerome2877 wrote:
All the people who received an IRP, served the 90 days then were required to install the interlock and complete the responsible driver program. The 90 prohibition for fail was mandatory however the interlock and RDP were supposed to be discretionary based on your driving record. This was not the case! Everyone was required to do this, so those who had good driving records before this should not have had to do complete either of the two and should be reimbursed!


You really have a problem with somebody that blew over .10 (which is what a 90 day fail requires) having to have a interlock device installed regardless of their driving history? I don't. They were impaired and the consequences are just fine for that. Who cares what their driving record was like, wouldn't have made any difference if they had killed someone, would it?

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 11:55 am
by diggerdick
people are have a problem with a poorly written and administrated law. Throw the book at drunk drivers but dont do it with mickey mouse games and made up civil laws it is a criminal act that a true judge and a court of law should deal with and at least 3 months in a real jail with a REAL criminal record.....

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 11:57 am
by my5cents
diggerdick wrote:people are have a problem with a poorly written and administrated law. Throw the book at drunk drivers but dont do it with mickey mouse games and made up civil laws it is a criminal act that a true judge and a court of law should deal with and and at least 3 months in a real jail with a REAL criminal record.....

:rate10:

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 4:34 pm
by jerome2877
goatboy wrote:
You really have a problem with somebody that blew over .10 (which is what a 90 day fail requires) having to have a interlock device installed regardless of their driving history? I don't. They were impaired and the consequences are just fine for that. Who cares what their driving record was like, wouldn't have made any difference if they had killed someone, would it?


Yes!! Especially when the government says that its discretionary based on your driving record! They were trying to sound fair while really just making everyone do both the RDP and interlock. Now that they got caught they are doing a review and will probably use any type of driving infraction against you to justify not reimbursing people, even if they have nothing to do with alcohol!

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 8:41 pm
by Smurf
If they blew 10 or over they deserve everything they got and more. They should never drive again.

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 17th, 2013, 9:13 pm
by jerome2877
Smurf wrote:If they blew 10 or over they deserve everything they got and more. They should never drive again.


We will never know what they blew as the ASD doesn't display your BAL, just pass warn or fail. Speed kills, should people who get speeding tickets never drive again and be judged by an inaccurate device that doesn't show how fast they were going, just that they were over the speed limit?

Re: Impaired driving convictions spark B.C. lawsuits

Posted: Jan 18th, 2013, 5:49 am
by abbyrugby
Smurf wrote:If they blew 10 or over they deserve everything they got and more. They should never drive again.


If the Liberals didn't make laws that comply with the Charter they deserve everything they got and more. They should never rule again.