Lawyer Howard Mickelson told B.C. Supreme Court Justice Jon Sigurdson on Monday that because the law is unconstitutional, everything that flows from it needs to be declared invalid.
"The law was invalid from the outset and those caught up have a right to redress," he told court.
Mickelson calls the request by the Superintendent of Motor Vehicles to leave penalties and fines in place "absurd," saying all the punishments resulted from the bad law.
All those drivers should have their records cleared and the fines repaid. That shouldn’t only apply to those drivers who have signalled an intention to sue for remedy, he said.
"I believe all of them should enjoy the benefit of the declaration of invalidity and the same relief."
George Copley, the lawyer for the provincial government, said if the judge is going to order any redress, those who refused to blow at a roadside screening should be excluded.
Copley told Sigurdson that his own decision mentioned that Charter rights were breached only for those who failed the roadside tests and doesn’t mention those who refused to blow, even though the penalties were the same.