What is the test for impaired driving under the influence of drugs?
British Columbia, Canada
The following excerpt is from Raj v British Columbia (Attorney General), 2019 BCSC 1365 (CanLII):
I accept that the respondent had sufficient evidence of the petitioner’s bad driving to establish reasonable grounds to believe her ability to drive was affected by a drug other than alcohol. Police dispatch provided information to the respondent suggesting the respondent had driven erratically, causing the accident. It was open to the respondent to rely on that information: see e.g. Wilson v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 1458. The respondent then observed the collision scene on the wrong side of the road involving the petitioner’s vehicle and was entitled to make reasonable inferences from the state of the physical evidence as he observed it.
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