Did you know that in Canada, our DUI laws can result in being arrested and found guilty for operating a motorized scooter while drunk?
How could this be you ask? Well, the definition of a motor vehicle is any vehicle that is drawn, propelled or driven by any means other than muscular power.
In R. v. Shanahan the accused while drunk in a motorized scooter crossed a road. While doing so, the police saw him and pulled him over. He failed a breathalyzer (approved screening device), and was arrested for DUI.
An important point is the accused was not 100 percent disabled; he could walk 100 to 150 meters. Therefore, he was not entirely confined to a wheelchair.
The Ontario Court hearing the case found that a motorized personal device, such as a personal device is a motor vehicle under the Criminal Code. However, the defendant then made an application under section 15 of the Charger arguing his equality rights were breached.
The section 15 Charter breach hearing (equality rights) dealt with these two issues.
1. were the defendant’s equality rights infringed?
J.D. Wake J. held that the Canada DUI laws (section 253 of the Criminal Code) does not make a distinction between people reliant on motorized wheelchairs and people who don’t need motorized scooters.
Next, the comparison group used by the accused was able-bodied persons who consumed too much alcohol. This comparison for equality breach did not persuade the Court because the accused was mobile without a motorized wheelchair.
Moreover, able-bodied people who walk in public while drunk can be arrested and convicted for mischief – therefore lessening any distinction even more.
2. Does the result offend the accused’s dignity under section 15 of the Charter?
The dignity issue was addressed as follows:
“The argument in favour of striking down s.253 seems to be that the dignity of a disabled person can only be sustained if he is afforded the right to behave with a lack of dignity. In my view s.15 of the Charter should not be used to support the result of such inverted reasoning.”
At the end of the day, Canada DUI laws mean a person cannot be drunk while operating a motorized wheelchair.
Some points worth making.
This specific case involved someone not totally disabled. Therefore, the outcome could be different if a person was 100 percent disabled.
Is it possible a person could be found guilty of our DUI laws if while on pain medication used a motorized wheelchair?
Given Canada’s DUI laws that you can be convicted seated in the driver’s seat of a car not moving, could this happen if not moving in motorized wheelchair?
Learn more about Greater Vancouver attorney Jon Dykstra. Stop by Jon Dykstra’s site where you can find out all about the DUI BC laws and how Dykstra & Company can help your criminal case.
