Pubdate: Fri, 30 Apr 2004
Source: Mississauga News (CN ON)
Copyright: The Mississauga News 2004
Contact:  http://www.mississauganews.com/
Details: http://www.mapinc.org/media/268
Author: Louie Rosella
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)

PROPOSED LAW WOULD CRACK DOWN ON DRIVERS STONED BEHIND WHEEL

Mississauga motorists who toke and drive will no longer walk away clean 
under a proposed plan that gives Peel Regional Police the power to demand 
saliva, blood and urine from drivers whom they suspect are high on drugs.

The proposed changes to the Criminal Code, introduced this week by the 
federal Liberals, are being welcomed by Peel traffic officers and officials 
with Mississauga-based Mothers Against Drunk Driving (MADD).

"We are very pleased that the government is finally listening," said Andrew 
Murie, MADD's national executive director. "Police simply have no powers to 
send the message out that drugs and driving don't mix."

Although it's a criminal offence to drive while impaired on drugs or 
alcohol -- with penalties running to life imprisonment in the case where 
the offence causes a death -- the police don't have the authority to test a 
driver for drugs and obtain evidence for a prosecution. While there is a 
standard procedure to administer a breathalyzer when drinking and driving 
is suspected, it's much harder for police to prove a driver is impaired by 
drug use.

Currently, there are just a handful of drug-related impaired driving cases 
before the courts in Peel, police said.

Peel police say they have been forced to let suspected impaired drivers go, 
even when they appear to be high on drugs, because police weren't empowered 
to collect enough proof of impairment.

"The laws are limited as to what we can do (when police suspect impairment 
through drugs)," said Peel Inspector Norm English, head of Traffic 
Services. "Any assistance that could help us deal with it or eliminate it 
is beneficial."

Under the new bill, a police officer could, on reasonable suspicion that a 
driver is drug-impaired, require a road-side physical sobriety test.

If a driver fails, the officer at the scene could demand more extensive 
testing at the police station by an officer specially trained in drug 
recognition (DRE).

The DRE officer would demand a sample of a bodily fluid for testing. 
Failure to provide a sample on demand would be a criminal offence -- a fine 
of $600 for the first offence.

Murie said MADD and police are grateful the legislation is being introduced 
at the same time the government is expected to pass a controversial bill to 
decriminalize possession of small amounts of marijuana.
- ---
MAP posted-by: Jay Bergstrom