B. C. could pay millions in refunds for drunk driving fines

The provincial government has offered $ 2,000 refunds to hundreds of motorists who received immediate roadside suspensions for drinking and driving.

GERRY KAHRMAN/ PNG FILES RCMP operate a Counterattack Roadblock. The province could be on the hook for hundreds of $ 2,000 refunds to drunk drivers.

A lawyer for some says the letter is an acknowledgment Victoria should not have penalized additionally all suspended drivers by forcing them to install an ignition breathalyzer lock on their vehicles and attend a responsible driver course.

Vancouver lawyer Paul Doroshenko, a leading critic of the controversial three- year- old program, says the move could presage a whopping bill for taxpayers.

“I am writing to inform you that I am able to reimburse you $ 1,908.68,” says the letter from B. C.’ s new Supt. of Motor Vehicles, Sam MacLeod, a former Mountie.

“The amount has been calculated as: $ 689.60 Responsible Driver Program, $ 738.28 Ignition Interlock Program, $ 184.80 Additional Ignition Interlock removal fees. An additional $ 184.80 for each ignition interlock device, not yet removed from your vehicle as of Feb. 6, 2013, was added to the actual amounts paid for the Ignition Interlock program. This includes the removal fee of $ 50, one month monitoring fee of $ 105, loss protection fee of $ 10, and $ 19.80 for HST.”

Victoria says 1,087 drivers had these penalties cancelled — about half, 463, who paid for the course and installed the device already have been offered a refund.

The superintendent continues to review 50 remaining files that require more in- depth consideration and anticipate they will be completed in the near future.

“The total cost of these reimbursements will depend on exactly how many drivers accept the reimbursement offer,” said Stephanie Melvin, deputy superintendent of motor vehicles,

Doing the math puts the figure at between $ 1 million and $ 2 million.

“Mostly I’m angry that they didn’t simply send cheques,” Doroshenko said.

“They seem to know the amount people paid for the interlock and RDP. Instead they’ll only give you the money that they admit they owe you if you waive your right to any other damages. And then it’s in multiple steps. And after the first release they intend to send people a second release?”

In any event, it’s a needless bill run up by a 115- member branch of government whose annual budget is only $ 15.5 million.

Champion of the much ballyhooed scheme, Steve Martin quietly stepped down last month after six years as superintendent.

Touted as the toughest impaired driving legislation in Canada, the new law came into effect in September 2010, targeting a lower blood alcohol threshold of .05 rather than .08 with stiff fines, automatic licence suspensions and vehicle seizures.

It was supposed to save money by moving drunk- driving charges out of court, increase revenue for the branch and improve Liberal support by capitalizing on sympathy for the victims of impaired drivers.

But only two months into the program, 2,200 roadside screening devices were recalled because they were improperly calibrated.

Lawyers launched court challenges saying the draconian administrative penalties were too severe and that the law stripped people of civil rights.

The B. C. Supreme Court in November 2011 found the program unconstitutional because it did not have a proper appeal process, and the Liberals were forced to amend it.

The B. C. Court of Appeal now is reviewing the legislation.

These refunds are the result of Victoria’s decision to treat 1,137 drivers who received suspensions in the month before the court ruling differently than others.