Roadside drunk driving prohibition quashed by B.C. judge

KAMLOOPS, B.C. – A judge has dismissed the roadside ban given to a man who got two warning readings after blowing into a roadside screening device, saying there is no evidence to suggest the man’s ability to drive was affected by alcohol.

But B.C.’s superintendent of motor vehicles says police will continue to hand out immediate, three-day roadside prohibitions to those who drink and drive despite the judgment.

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Lee Michael Wilson received a three-day driving ban Sept. 19, 2012 after the roadside device registered a blood-alcohol level in the warning range.

The Superintendent of Motor Vehicles turned down his request to review the prohibition, so Wilson took the issue to the B.C. Supreme Court.

In a ruling posted online recently, Justice Dev Dley dismissed the roadside prohibition, saying there was no evidence indicating Wilson’s ability to drive was affected by alcohol.

Sam MacLeod, the superintendent of motor vehicles, says the government’s lawyers are reviewing the ruling and haven’t decided whether they’ll launch an appeal, but those who drink and drive will be held to account through immediate roadside driving prohibition.

MacLeod wouldn’t say if he’ll give police instructions to look for and record additional evidence before issuing the driving bans. (CHNL/The Canadian Press)