BC Mercedes owner tried to fight driving ban in court after post-party ditch crash

A BC man’s appeal over his 90-day driving ban was thrown out by a judge this week despite his claims that he wasn’t even behind the wheel at the time.

Sukhdeep Bains alleged that an “unnamed designated driver” was driving the car and not him when the Mercedes E400 ended up in a ditch outside the home of an off-duty police officer last summer.

In a filing in BC Supreme Court in New Westminster, Bains claimed the driver of his vehicle was someone he met at the party and that they fled the scene after the accident and before police arrived.

However, RCMP officer Const. Zwicker said Bains was seen climbing out of the driver’s side door after the crash.

“Const. Zwicker called the police, and remained at the scene, with eyes on the Petitioner, until Const. Sweeney and Const. Harms (the “Officers”) arrived at about 11:18 PM. At that point, the Petitioner was sitting on the trunk of his car,” the legal filing reads in part.

Another officer noted that the man smelled of alcohol.

“The Petitioner provided several insufficient breath samples. The Petitioner was informed that refusing to provide a breath sample would result in the same result as if he had failed the test. The Petitioner ultimately refused to give a breath sample. During this process, the Petitioner was using profanity and was increasingly rude to the Officers,” the decision reads.

He was slapped with a ban and a $500 ticket, which he later argued to the Superintendent of Motor Vehicles for a review of the driving prohibition.

However, the Superintendent of Motor Vehicles upheld the ban, citing concerns about the credibility of Bains’ testimony.

Justice Ardith Walpetko We’dalks Walkem, who presided over the appeal, found that there was no evidence to support Bains’ claim that he was not driving the car when the accident occurred.

“When I consider that the RCMP off-duty member, whom in my view is impartial in this case and just a concerned citizen in this situation did not witness this alleged designated driver get out of the vehicle, and you have not provided any persuasive evidence about this alleged designated driver, I do not find your evidence to be believable or reliable, As such, I find the witness’s version of events more persuasive,” the decision reads.

The judge also noted that Bains had been untruthful when he was asked if he had been drinking at the time of the accident, which cast further doubt on his credibility.

The application to appeal was denied.