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.
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MAP posted-by: Beth Wehrman