About damn time someone challenged this.
I hate drinking and driving as much as anyone, but these 'new laws' were basically giving power to the police as judge, jury and executioner on the side of the road and if charged you were looking at a cascading cluster fuck of penalties before even setting foot in a courtroom. No due process whatsoever, which is the reason Justice J.S. Sigurdson found it unconstitutional.
I agree with tough penalties of drinking and driving but disagree with taking away due process.
However, keep in mind that according to the CBC article, this only concerns the part of the law dealing with 0.08 and above. The judge seemed OK with the penalties imposed on the 0.05 zone.Not sure what the implications are here or how the law will change or whether this will make it easier to challenge the roadside impound for alleged excessive speeding. I suspect not.The judge asked the lawyers for both sides to return to make arguments on how to resolve the infringement.