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Can I pursue a damage claim against drivers who blow < .08?

by | Saturday, August 29, 2015

Annually, approximately 22 Nova Scotia residents are killed in auto accidents where alcohol consumption was a factor. To help combat the problem, the province began several initiatives to deter driving while impaired.

Together with Campaign 911 and a program for installing alcohol ignition interlock devices, the province is increasing suspensions for low blood alcohol content. This brings Nova Scotia in line with most other jurisdictions in Canada that imposed administrative sanctions for BAC of .05. Saskatchewan goes even farther, as sanctions begin at .04 BAC.

Blood alcohol levels are measured by the amount of milligrams of alcohol per 100 millilitres of blood. Under Canadian law, the limits are set at 80 mg of alcohol per 100 ml of blood. Nova Scotia issues suspensions between 50-80 mg.

Those who blow over .08 will have their licence suspended for 90 days. Reinstatement conditions will also apply. Criminal charges apply to those caught driving with a BAC higher than .08. However, those who get in a wreck yet still blow below .05 may face charges of impaired driving if alcohol is found to have contributed to the accident.

The penalties for low BAC are as follows:

— Licence suspended for seven days for first offence

— Licence suspended 15 days for the second offence

— Licence suspended 30 days for their third offence.

All will have to pay fees to reinstate their driving privileges.

Despite Nova Scotia cracking down on low BAC drivers, it is inevitable that accidents with injuries attributed to impaired driving will continue to occur. Those suffering from injuries due to accidents with drivers who have been drinking can seek civil relief from the courts. Financial compensation for injuries and expenses stemming from the collision with the impaired driver may be awarded in a judgment or settlement.

Source: novascotia.ca, “Low BAC Q&A,” accessed Aug. 21, 2015

Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
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frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.
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