A petition has been filed in B.C. Supreme Court in Prince George seeking to have the Superintendent of Motor Vehicles overturn a 24-hour driving suspension issued to a local minor.
The issue is being taken to B.C. Supreme Court because there is no appeal mechanism under the Motor Vehicle Act for a 24-hour suspension related to drugs.
According to an affidavit filed with the petition, the youth asserts he had not been smoking marijuana, contrary to the opinion of the RCMP officer who had issued him the suspension. Rather, he said he was smoking an e-cigarette, also known as a vaporizer.
He also said he was sitting in the driver's seat with two friends also in the car but the vehicle was parked and not running and that the officer did not ask him any questions about his alleged marijuana smoking.
"The officer knocked on the window and stated to me words to the effect of 'I smell dope. You're under arrest for possession. Get out of the car.'"
The youth said he immediately complied and was put in handcuffs and escorted to the back of the police vehicle. About 15 minutes later, he was issued the suspension, according to the petition, filed Feb. 3 by a guardian on behalf of the youth.
Under the graduated licensing program, novice drivers who have been issued a 12-hour suspension for alcohol or a 24-hour suspension for drugs must start over at the beginning of their two-year licensing period and learners must reattempt all testing.
Responses from the Superintendent, the B.C. Attorney General and the officer who issued the ticket have not yet been filed.
