Pubdate: Thu, 09 Dec 2004
Source: Aldergrove Star (CN BC)
Copyright: 2004 Central Fraser Valley Star Publishing Ltd.
Contact:  http://www.aldergrovestar.com/
Details: http://www.mapinc.org/media/989
Author: Al Irwin, MetroValley News
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)

NEW 'POT' LAWS TO TEST DRIVERS

A Langley man acquitted of drug impaired driving in a fatal accident
must abstain from both drugs and alcohol during a two-year probation.
And the 19-year-old, sentenced Monday on two charges of dangerous
driving causing death, and another of causing bodily harm, must
provide a breath, blood or urine sample on demand to probation
officers for analysis.

Meanwhile, federal legislation is in the works to give police officers
greater authority in obtaining a blood sample on suspicion of a
driver's impairment by drugs, says Crown Counsel Winston Sayson.

The single-car accident occurred at 10 p.m., April 4, 2002, in the
6300-block of 264 Street. The driver, 16 at the time, cannot, as a
young offender, be identified. His sentence includes a six-year
driving prohibition, and a two-year probation with numerous conditions.

His northbound 2000 Ford Mustang passed another car at speeds
estimated at up to 140 km/h, narrowly avoided a head-on collision, and
went out of control, hitting a rock and a tree before coming to rest
in a ditch.

The accident claimed the lives of rear-seat passengers Simon
Featherston and Dayton Unger, both16. Another boy, also 16, and a
front-seat passenger, was thrown out of the car, and sustained serious
head injuries.

"He is a victim (too)," Sayson told the court.

"He is brain-damaged, and will remain at the age of
16."

The driver was charged with impaired driving (by marijuana) but was
found not guilty by B.C. Provincial Court Judge William MacDonald in
August.

Blood sample evidence became the subject of a Charter of Rights
challenge, because the police obtained analysis results from a B.C.
Coroner.

But while the sample was allowed as evidence, Judge MacDonald found
the integrity of the sample was in doubt.

He found the youth not guilty of impaired driving, but guilty on the
three charges of dangerous driving.

After the sentencing on Monday, Helen Featherston, the mother of
Simon, told the media she hoped this tragedy would result in drug
impairment being treated the same as impairment by alcohol.

Sayson told the media that legislation has been introduced, by federal
Justice Minister Irwin Cotler, to give authority to police to demand
blood samples from drivers suspected of being impaired by marijuana.

In speaking to sentencing, Sayson said the accused had used both
marijuana and cocaine since the accident, but had stopped using both
11 months ago.

"(The drug use) must be addressed, if we are to ensure the
re-integration of the accused back into society," Sayson read, from
the pre-sentence report.

"I pause to remind you, that any use of an illegal drug... or alcohol,
would result in a breach of that probation," Judge MacDonald warned
the youth.

He had also warned the youth that driving without a licence could
result in a prison term.
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