A woman who had her car impounded and received a 90-day driving suspensions despite having her son drive her has gotten her licence and vehicle back.
The woman, who was pulled over by traffic police the weekend of Dec. 14 near Nelson, was impaired. However, the lawyer who represented her said she was not driving.
According to lawyer Sarah Leamon, the woman’s sober son was driving but police felt there was a danger the mother could reach over and grab the wheel. The woman was given a 90-day immediate roadside prohibition and had her car impounded.
On Sunday, Leamon said the woman’s licence was “reinstated and the vehicle was released from impound” on Friday.
In an email to Black Press Media, RCMP Sgt. Chad Badry said the son was a learner driver, a licence that requires a supervisor 25 years old or over to be in the car beside the driver.
He said that as the mother, who was sitting beside the driver, was the supervisor, she was given a breathalyzer, which she failed, resulting in the immediate roadside prohibition and impounding of the car.
Badry said the immediate roadside prohibition and impounding of the car was reversed following a review with Road Safety BC.
According to Badry, the initial immediate roadside prohibition was issued because police believed “the passenger, who was supervising the class 7L driver, and therefore had care or control of the motor vehicle, was impaired by alcohol.”
“The driver could have been issued violation tickets, but the police officer chose to use discretion and gave a verbal warning instead,” Badry said.
The B.C. Motor Vehicle Act does not specify that the supervisor for a learner driver must be sober.
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