Pubdate: Thu, 11 Dec 2003 Source: Winnipeg Free Press (CN MB) Copyright: 2003 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Andrew W. Murie Note: Andrew W. Murie is national executive director of Mothers Against Drunk Driving Canada. NEW TOOL TO FIGHT IMPAIRED DRIVING I was surprised to read your editorial of Dec. 3 criticizing Justice Minister Gord Mackintosh and the proposed amendments to Manitoba's Highway Traffic Act. In Mothers Against Drunk Driving Canada's opinion, Manitoba has established itself as a leader in the fight against impaired driving. Manitoba, under Mackintosh's leadership, ranked No. 1 in our 2003 Rating the Provinces Report Card. MADD Canada recommended in its latest report card that the province of Manitoba give police explicit statutory authority to demand a standard field sobriety test (SFST) from a driver who they reasonably suspect has alcohol or drugs in his or her body. The ability to demand that a suspect participate in SFST would assist in impaired driving enforcement in several ways. SFST can be used as an alternative to a roadside test on an "approved screening device" (ASD) to establish the necessary grounds for demanding an evidentiary breath test on an approved instrument under Sec. 254(3) of the Criminal Code. For example, the need for an alternative would arise if the officer did not have an ASD readily available. Moreover, some courts have indicated that police only have authority to demand an ASD test from a person who is operating or has care and/or control of a motor vehicle. Therefore, the police could not demand an ASD test from a driver who has left or been removed from the immediate scene for safety, medical or other reasons. In both situations, the results of SFST, coupled with the officer's observations, would provide a far stronger basis for demanding an evidentiary breath test than the officer's observations alone. Unequivocal legislation would clarify the current uncertainty concerning both the police authority to demand that suspects participate in SFST and the consequences of a suspect's refusal. SFST can also provide evidence establishing that the suspect's ability to drive was impaired by alcohol or drugs. The police commonly complain that judges refuse to accept their testimony that the accused's ability to drive was impaired. SFST, conducted by nationally certified officers using standard record-keeping procedures and supported by a videotape record, would greatly enhance the weight given to an officer's testimony. American research and practice has established that SFST is an extremely effective and accurate tool in identifying drivers impaired by drugs or alcohol. Research also shows that videotaping of the SFST assists in the prosecution of impaired driving cases. The results and videotape of SFST may be essential if an approved instrument is unavailable, the evidentiary breath tests cannot be conducted within the prescribed time, or there is some other successful challenge to the evidentiary breath-test results. Similarly, the SFST evidence may be pivotal if a driver is impaired solely by drugs or a combination of drugs and alcohol in circumstances in which his or her blood alcohol content level is below 0.08 per cent. Your editorial goes on to suggest that the justice minister should have waited for Parliament to deal with the drugs and driving issue. In 1999, the federal justice committee recommended that the federal Justice Department bring forth legislation to deal with the drugs and driving issue. Four and a half years later there is still no legislation forthcoming. Meanwhile, the percentage of impaired deaths and injuries on Canadian roads has increased -- so much for the federal government's commitment to this issue. The greatest progress in the fight against impaired driving has come from the provinces. Through their commitment, thousands of lives have been saved. No province has made greater progress in reforming its legislation in recent years than Manitoba. The justice minister's proposal to add SFST will provide police with a scientifically proven tool in the fight against impaired driving. The minister is to be congratulated for his leadership and should be supported by all those who are truly committed to reducing the needless toll of alcohol-related deaths and injuries on our roadways. - --- MAP posted-by: Beth Wehrman