Designated Driver not Accountable for Cannabis-Carrying Passengers, Court DecidesJesse B. StaniforthMay 23, 2019
Join the Leafly Canada Community
NEWS, EVENTS, PRODUCT REVIEWS, AND MORE!
“With respect, I do not believe that the intent of the legislation is to require that designated drivers must search their passengers before driving them home,” wrote Judge Harold Porter in his decision.
She was given a breathalyzer and taken to the police station for a drug impairment test, which she passed.
Cheeseman’s lawyer, Don MacBeath, said the verdict was important because the majority of offenses related to driving and intoxicants are automatic charges that apply whether or not the person charged is aware they are committing an offence.
“She was driving people who had been smoking marijuana to prevent them from driving while they were impaired,” MacBeath said. “If she was guilty, then nobody could drive a car with anybody in it without searching them to make sure they didn’t have marijuana on them,” he said.