Victoria Lawyer Michael Mulligan commenting in Global News story by Richard Zussman.
Sober drivers, who are unable to provide breath samples as a result of physical disabilities, are being subjected to fines and driving prohibitions.
Mulligan says the change “runs real risk of capturing innocent people” and should be changed to allow people to properly defend themselves.
“It’s obviously a legitimate goal trying to make sure that people are not impaired,” Mulligan said.
“The problem is when you combine the right to demand samples of anyone who displays no symptoms of impairment whatsoever and combine that with a provincial scheme that tries to permit expedited punishment of people without a fair appeal mechanism, it’s those things that will inevitably lead to the unfairness we have been seeing.”