DUI Law Deemed Unconstitutional but Convictions Will Stick

DUI- being a politically charged crime- leads to some strange laws and strange rulings.

ca-flagRecently, new stricter DUI laws were passed up north in British Columbia.  The laws did not even allow any hearings for those accused.  According to the Huffington Post:

Doroshenko said the Motor Vehicle Act leaves no room for discretion and forces every driver into the education and interlock programs without a review of their individual driving records or hearings on their behalf.

No due process?

Eventually the law was ruled unconstitutional by the B.C. Supreme Court.  While the law was in effect, over 1,100 drivers were arrested and forced into these costly programs.  The Justice Ministry announced that those 1,100 people were no longer required to fulfill those programs and some would have the fees refunded to them.  However, the kicker is that the convictions will still stand and remain on their records.

This is a gross injustice if I have ever seen one.  The law was wrong and people were convicted without due process.  It is not fair and not the hallmark of civilized society.

But, this is what happens when politics gets involved.  Welcome to the upside down world of DUI.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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