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Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"
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Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)
Revision as of 07:34, 10 August 2021
, 07:34, 10 August 2021→2. 12 and 24-Hour Prohibitions
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The administrative decision (review decision) is final. If the application is unsuccessful, the only recourse is through a judicial review. The application for the judicial review must be filed within 6 months of receiving the decision, and is made by filing a Petition in Supreme Court. It is highly recommended that individuals seeking to challenge the administrative decision by way of judicial review be represented by a lawyer. | The administrative decision (review decision) is final. If the application is unsuccessful, the only recourse is through a judicial review. The application for the judicial review must be filed within 6 months of receiving the decision, and is made by filing a Petition in Supreme Court. It is highly recommended that individuals seeking to challenge the administrative decision by way of judicial review be represented by a lawyer. | ||
=== | ===4. 12 and 24-Hour Prohibitions=== | ||
24-Hour roadside prohibitions are issued by the police where they believe on reasonable and probable grounds that your ability to drive is affected by alcohol or drugs. The police do not need a breath sample to issue a 24-hour prohibition, but you have the right to request an ASD test. Note, however, if you take an ASD test and test in the WARN or FAIL ranges, more serious penalties will apply to you. | 24-Hour roadside prohibitions are issued by the police where they believe on reasonable and probable grounds that your ability to drive is affected by alcohol or drugs. The police do not need a breath sample to issue a 24-hour prohibition, but you have the right to request an ASD test. Note, however, if you take an ASD test and test in the WARN or FAIL ranges, more serious penalties will apply to you. | ||
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If you are issued a 24-hour prohibition, the police will take your license, and you will have to retrieve it at the police station after 24 hours have passed. | If you are issued a 24-hour prohibition, the police will take your license, and you will have to retrieve it at the police station after 24 hours have passed. | ||
For individuals wishing to challenge a 24-hour prohibition for either '''alcohol''' or a '''drug''', there is an internal review process available through RoadSafetyBC pursuant to s. 215.1 of the Motor Vehicle Act. This must be done within 7 days. For more information on the review process, visit https://www2.gov.bc.ca/assets/gov/driving-and-transportation/driving/roadsafetybc/suspensions/alcohol/24-hour-review-guidelines.pdf | |||
within 7 days. | |||
24-hour prohibitions may also lead to a 24-hour impoundment, as discussed above. | 24-hour prohibitions may also lead to a 24-hour impoundment, as discussed above. | ||
