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THURSDAY
Thursday, Thursd day y, S Se September eptember 12, 20 2013 X Volume 26 No. 73
Judge: Blowing in ‘warning’ range not enough to park drivers By Tim Petruk STAFF REPORTER
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FROM THE ASHES By Tim Petruk STAFF REPORTER
tim@kamloopsthisweek.com
tim@kamloopsthisweek.com
A Kamloops judge has overturned a driving prohibition handed down a year ago after a driver blew a “warn” under B.C.’s immediate roadside-prohibition legislation. “There is no presumption that a driver’s ability to drive is affected by alcohol solely on the basis of a ‘warn’ reading,” B.C. Supreme Court Justice Dev Dley said in a written decision. Lee Michael Wilson of Kamloops was handed a driving ban after being stopped by police in Coombs on Vancouver Island last September. Blowing a ‘warn’ on a roadside screening device indicates a level of intoxication between 0.05 and 0.08. New legislation was introduced in B.C. almost three years ago allowing police, through the provincial superintendent of motor vehicles, to immediately prohibit drivers who blow a ‘warn’ reading. Wilson fought the prohibition on the grounds his ability to drive was not affected by alcohol. According to the Mountie who administered the test, Wilson showed no physical signs of intoxication other than an odour of liquor on his breath. “A plain reading of the legislation requires more than just a ‘warn’ reading,” Dley said in his decision. “Unless Mr. Wilson’s ability to drive was affected by alcohol, the peace officer had no basis upon which to issue the notice.” Defence lawyer Jeremy Jensen, who represented Wilson, said the decision — and other similar decisions in recent months — will likely force the province to amend the controversial legislation or police to change the way they hand out prohibitions. “It’s going to have huge short-term ramifications,” he said. “They’re going to have to have something else, like a flushed face or slurred words. Just because you blow a ‘warn’ or a fail it doesn’t mean you’re impaired.” Sam MacLeod, B.C.’s superintendent of motor vehicles, issued a statement on the decision, stating government lawyers are reviewing the file to determine whether an appeal “would be appropriate or warranted.” MacLeod said there will be no change in the meantime to the practice of police doling out immediate prohibitions.
Two Kamloops families are without homes after a series of explosions shook a North Shore neighbourhood on Tuesday, Sept. 10, before fire engulfed a duplex. Ray Brown said he was working in the driveway of his home in the 300-block of Alexander Avenue over the lunch hour when he heard a loud bang come from his garage. “I see smoke and I grab a garden hose,” Brown told KTW. “Then it [another explosion] blew me back.” Within minutes, the fire had spread from Brown’s garage to his home. Kamloops Fire Rescue crews arrived on scene and doused the blaze, but the damage had been done.
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Kamloops Fire Rescue’s Arlene Ball returns to the scene of a house fire on Alexander Avenue on Wednesday, Sept. 11. The blaze, which destroyed the home at 363 Alexander Ave. in North Kamloops on Tuesday, Sept. 10, has displaced two families. Turn to pages A24 and A25 and go online to kamloopsthisweek.com to read more and view more photos. Dave Eagles/KTW