DRIVING-WHILE-STONED SUSPENSION UNFAIR: LAWSUIT

A 24-hour driving suspension for being impaired by marijuana is
inherently unfair because there is no "dispute mechanism" to
determine whether a driver actually is high, a lawyer for a Surrey
man is arguing.

A lawsuit filed in B.C. Supreme Court on behalf of Sukhpal Singh
Johal says a Surrey RCMP officer was wrong to suspend Johal's licence
after Johal rolled his car on March 22 on 64 Avenue near 168 Street.

Around 3:45 a.m. Johal flipped his vehicle onto its roof when he
clipped a stationary flatbed truck.

Johal said he was heading home after falling asleep at a friend's
home while watching movies.

Johal is suing the RCMP officer who issued him a 24-hour licence
suspension for being impaired by marijuana.

His statement of claim says he denied using pot and wanted to dispute
the suspension, but could not because "there is no dispute mechanism
available to him when the grounds for prohibition is suspected
impairment by drugs."

He's asking to have the suspension overturned.

In B.C. a 24 hour driving prohibition is used when a police officer
believes a driver is impaired to allow their temporary removal from the road.

Usually the suspension is issued after a driver fails to pass a blood
alcohol test, but it can also be used if no test has been carried
out, when an officer has "reasonable and probable grounds" to beleive
that the driver is impaired by alcohol or a drug.

A driver with more than one 24 hour prohibition in a two year period
can face further penalties.