KELOWNA -A judge has ordered a pickup truck impounded by RCMP to be returned to its Kelowna owner.
Police confiscated the vehicle in July after the driver, who was disqualified from driving, failed a roadside alcohol screening test.
His driving history includes three drinking offences and nine convictions for driving while disqualified.
Based largely on those convictions, the Director of Civil Forfeiture applied to permanently seize the pickup claiming it was an “instrument of unlawful activity” that may cause serious bodily harm to a person.
The judge was not persuaded, noting the vehicle belongs to the man’s roommate who pledged to not allow him to drive it until he can do so lawfully.
“Regrettably, this appears to be a case where the office of the Director of Civil Forfeiture has taken zealous measures outside the proper bounds of its home statute with the unfortunate effect of depriving a citizen of lawful possession and use of her property, and putting that citizen to what I suspect is considerable expense and inconvenience to retrieve her property”, wrote Mr. Justice Douglas Thompson.
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