March 27, 2012

Breathalyser Class Action
Harper Grey LLP Lawyers: Bernie Buettner, Michael Thomas

Update

The application to certify a class action disputing the use of allegedly faulty breathalyser machines between September 20 and November 19, 2010 is awaiting approval from the B.C. Supreme Court.

A case planning conference was held in December 2011. A certification hearing was ordered to occur prior to May 31, 2012. Lawyers for all sides involved will appear in B.C. Supreme Court on April 2, 2012 for directions as to how to proceed before the certification hearing.

If you are interested in joining this class action, please provide your contact information and a brief overview of your interest in the class action to Linda Mai at Harper Grey LLP: lmai@harpergrey.com.

BACKGROUND

Harper Grey represents a representative plaintiff who filed a class action lawsuit claiming that police were negligent in their investigation under the province's new impaired driving legislation.

The legislation says that if an approved screening device measures a blood alcohol content of .05 mg or higher it should display a "warn" signal. A driver who produces a "warn" is subject to an immediate driving prohibition, a significant fine and vehicle impoundment.

The lawsuit alleges that the police used improperly programmed screening devices (handheld breathalysers) and that drivers may have been charged when their blood alcohol levels were actually below .05 mg percent. The lawsuit does not challenge the validity of the impaired driving legislation; rather, it is focused on the alleged deficiencies when the police investigate and enforce the law.

We estimate that more than 1,000 people may have registered faulty breathalyser test results between September 20 and November 19, 2010.