For years, the Criminal Code has prohibited drivers from driving while impaired by drugs or alcohol. In 2010, BC created a program under the Motor Vehicle Act to permit police to impose an Immediate Roadside Prohibition (IRP) on drivers who either refused to provide a breath sample or, having provided a sample, registered a "fail" on an approved screening device. Drivers challenged the IRP drinking and driving law. In 2014, the BC Court of Appeal held, in Sivia v. British Columbia (Superintendent of Motor Vehicles), that the IRP program was valid in part.
In this webinar, we will examine the issue of roadside drug and alcohol testing from both the defense counsel and Crown perspective. The practical implications of Sivia and other leading decisions will be discussed. A practical review of the Criminal Code roadside drug and alcohol testing provisions, the BC IRP program, including the appeal process, will be scrutinized. Discrepancies in testing will be explored.
This webinar will teach you what you need to know in the event your clients are charged with impaired driving by drug or alcohol or given an IRP.
Lawyers who need this course are: defense and Crown counsel, family and business lawyers, labour lawyers and any lawyers whose clients are required to drive a motor vehicle for business, personal or pleasure purposes. Take this webinar to stay up-to-date and to protect your clients when they walk the fine thin line.
Paul Doroshenko, Acumen Legal Corporation
Jay Fogel, Crown Counsel, BC Ministry of Justice
Stuart Rennie, Legislation and Law Reform Officer, CBABC
This is the archived version of a program presented on May 29, 2014.
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