Local Murder Conviction Overturned

BC Court of Appeal Overturns the Penticton Murder Conviction of Corey Swite
http://www.castanet.net/edition/news-story-60035-21-.htm

Over .05: What are the Penalties under B.C.’s Provincial Impaired Driving Legislation?

Effective September 20, 2010, British Columbia introduced new legislation imposing administrative penalties on drivers who blow over .05 Blood Alcohol Content (BAC). While the legal limit for criminal charges remains .08 BAC, drivers who blow a “warn” at the roadside can now expect to have their driver’s license suspended, their vehicle impounded, and to pay hefty fines.

How it works:

A police officer has the authority to demand a breath sample at the roadside if he or she has reason to believe that you, as the driver of that vehicle, have alcohol in your body. The roadside screening device, which measures BAC, will indicate “pass” (green light), “warn” (yellow light), or “fail” (red light). Generally speaking, a “warn” registers at .05 BAC, while a “fail” registers at .08 BAC.

“Warn”

Prior to the new legislation, the potential penalty for blowing a “warn” was a 24-hour driver’s license suspension and vehicle impoundment. Under the new scheme, however, the penalties are much more severe.

Now, the first time within a 5-year period that you blow a “warn” you will immediately lose your diver’s license for 3 days, as well as pay a monetary penalty of $200 and a driver’s license reinstatement fee of $250. In addition, the police have the discretion to impound your vehicle for 3 days, in which case you will be responsible for all towing and storage fees (approximately $150). Total cost: $600.

The second time within a 5-year period that you blow a “warn”, you will immediately lose your driver’s license for 7 days, pay a fine of $300 and a driver’s license reinstatement fee of $250. You vehicle may be impounded for 7 days at a cost of approximately $210. Total cost: $760.

The third time within a 5-year period that you blow a “warn”, you will immediately lose your driver’s license for 30 days, pay a fine of $400 and a driver’s license reinstatement fee of $250. Your vehicle may be impounded for 30 days at an approximate cost of $700. In addition, you must complete the Responsible Driver Program, which costs $880, before you can apply to have your driver’s license reinstated. Finally, you will be required to participate in the Ignition Interlock program, in which a breathalyser is installed in your vehicle, for 1-year at a cost of $1,730. Total cost: $3,960.

“Fail”

While the new legislation changed the penalties for drivers who blow a “warn”, administrative penalties still apply to those who register a “fail” at the roadside. These penalties apply regardless of whether or not criminal impaired driving charges are also pursued, and regardless of the outcome of those charges.

If you blow a “fail” at the roadside, you will face a 90-day Administrative Driving Prohibition and your vehicle will be impounded for 30 days at an approximate cost of $700. You will be fined $500 and must pay a driver’s license reinstatement fee of $250. In addition, you must complete the Responsible Driver Program before your driver’s license can be reinstated. On a first offence, you must participate in the Ignition Interlock Program for 1 year at a cost of  $1730 per year. That time period increases to 2 or 3 years on subsequent offences.

The mandatory minimum penalty for a first-time criminal impaired driving conviction is a 1-year driving prohibition and an additional $1,000 court fine. The mandatory minimum penalty increases to 30 days’ jail and a 2 year suspension for a second impaired driving conviction, and 120 days’ jail and a 3 year suspension for each subsequent conviction.

For more information on administrative penalties please visit the Office of the Superintendent of Motor Vehicles.

Jennifer Thorne is a former Federal Prosecutor turned criminal defence lawyer. She practices at Doak Shirreff LLP in Kelowna, British Columbia.

Doak Shirreff LLP is a full-service law firm whose goal is to provide each of its clients with practical legal services in  common sense, cost effective, and friendly manner. Doak Shirreff’s lawyers represent client throughout the Okanagan Valley and the rest of BC.