2. Drunk driving and the Constitution.
Author | Mitchell, Teresa |
Position | Bench Press |
Justice Jon Sigurdson of the British Columbia Supreme Court has ruled that parts of B.C.'s new drunk driving law are unconstitutional. He took issue with drivers who "fail" a breathalyzer test by showing a blood-alcohol level of .08 or higher. He wrote that the law "authorizes a search by a screening device on the basis of reasonable suspicion and imposes lengthy prohibitions and significant costs and penalties on motorists, without providing motorists with any meaningful basis to challenge the validity of the search results." He ruled that this violates the Charter protection against...
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