Happy Thanksgiving – stay safe!
Thanksgiving weekend is upon us and many will be travelling on our highways as we spend the time visiting friends and family. For some of us the visits will include having a drink (or two) so please make appropriate arrangements – this weekend has brought us much tragedy in the past. And remember, there are still two laws in British Columbia that address drinking and driving.
The Criminal Code of Canada states it is a criminal offence to operate a motor vehicle while impaired – that is driving with a blood alcohol content exceeding 80 mg/100 ml of blood (what is commonly referred to as .08), or impairment by a drug. If police have reasonable grounds to believe you are committing, or have committed this offence at any time within the preceding three hours, they may request that you submit a blood or breath sample or both.
The Motor Vehicle Act regulates drivers and vehicles on BC highways. If you have care or control of a vehicle and an approved screening device indicates that you have a blood alcohol content of not less than 50 mg/100 ml (.05) you can be served with an Immediate Roadside Prohibition.
The Supreme Court of Canada heard arguments on the legality of British Columbia’s laws in the case of Richard James Goodwin, et al. v. British Columbia (Superintendent of Motor Vehicles), et al. on May 19, 2015 but judgement has been reserved so the .05 rule still applies.
The information above is not intended to be legal advice and the lawyers at Bajpai Law Corporation do not practice criminal law.