A lack of provincial court judges in British Columbia has set off a cry for help from current judges as they throw out charges on everything from traffic violations and drunk driving to cocaine trafficking.

The frustration comes just as some of the toughest drunk-driving legislation in the country takes effect Monday.

In the most recent case to be stayed, Judge Darrell O'Byrne dismissed a speeding ticket for a man who had waited more than 18 months to get to court.

In his ruling O'Byrne, who is also administrative judge for the Cariboo Northeast court district, chastised the provincial government for failing to appoint a judge in the district, even though it knew for over a year judges were retiring.

He said judges have had to impose stays because cases have taken too long.

"The failure of the government to act has now imposed a crisis upon the Cariboo Northeast District," he wrote in the judgment released on the provincial court website last week. "Simply put, without additional appointments, the Cariboo Northeast District no longer has sufficient judicial resources in Prince George to meet the caseload."

O'Byrne noted that cases have been delayed because the number of judges in the province has gone down while caseloads increase.

In 2005 and 2006 there were 143 judges. In 2010, 2011 that number has dropped to 124.5, he pointed out.

The same judge stayed drunk driving charges against a man in May because of lack of "institutional resources."

"No replacements have been appointed despite repeated requests from the chief judge to the attorney general to do so," O'Byrne said in his ruling, referring to the lack of judges.

Also in May, Judge Ronald Webb stayed several drunk driving allegations in Golden, B.C., and a charge of cocaine trafficking against a Cranbrook man.

"Justice delayed is justice denied," he summed up in the ruling staying the trafficking charge against Darren Williams.

"Obviously, two-and-a-half years is too long. The time estimate for the trial is two-and-a half hours," Webb wrote in the May 6 ruling.

On one of the impaired driving cases he stayed, Webb said the accused's trial did not go ahead through no fault of his own, "yet he and others with counsel were expected to pay for their lawyers' time even though their trials didn't proceed. Clearly, this is an unacceptable situation."

Webb said in one ruling that people are ordered to show up for trial dates that are hopelessly overbooked and witnesses are told to attend court and then are told the trial won't go ahead.

"The police are frustrated because their work, their investigation of criminal matters, takes far too long to come to a conclusion."

Simon Fraser University criminology professor Neil Boyd sees the irony as the provincial government begins to impose its new drunk driving legislation Monday.

The law includes a 90-day driving ban, a 30-day impound of the offenders' vehicle and a $500 fine for anyone who refuses a breathalyzer test or blows over .08 blood alcohol level.

"It would seem to be at odds with the notion that B.C. has the toughest legislation in the country," he said.

Boyd points out there's a Charter of Rights guarantee to be tried within a reasonable time.

"Through no fault of the accused, the accused is actually wanting to resolve the matter, that does become an issue that tends to reflect badly or negatively on the administration of justice."

Boyd said the written decisions also sound like some of the judges are frustrated.

Neither the chief judge of the B.C. provincial court nor B.C. Attorney General Mike de Jong returned requests for interviews.

In a written statement, the attorney general said government is pursuing a number of judicial appointments in response to the provincial court's request for more judges.

De Jong said there had also been new judges recently appointed in Surrey, Prince George and Cranbrook.

"We want to assure communities that court cases will be heard in as timely a way as possible," he said in the statement.

Retirements have left vacancies in some areas and the number of part-time judges has increased because judges have made a personal choice to sit part time, he said.