Pubdate: Tue, 12 Dec 2006 Source: Daily Observer, The (CN ON) Copyright: 2006, Osprey Media Group Inc. Contact: http://www.thedailyobserver.ca/ Details: http://www.mapinc.org/media/2615 Author: Anthony Dixon BATTLE AGAINST DRUG-IMPAIRED DRIVERS MAY GET NEW WEAPON Gallant Supports Crackdown Renfrew-Nipissing-Pembroke MP Cheryl Gallant is solidly behind the federal government's plan to crackdown on drug-impaired driving. The changes to the Criminal Code of Canada were recently tabled in the House of Commons. They seek to give police improved powers to apprehend and test drivers suspected of being impaired by drugs, strength the penalties to those that drive impaired and generate awareness of the problem. "Drug-impaired drivers are involved in an estimated one out of every eight fatal collisions on our streets and this new legislation clearly demonstrates that Canada's new government is prepared to take action to prevent future incidents. The objective of this proposed legislation is to avoid reckless deaths and injuries of innocent people," Ms. Gallant said. "The rationale behind this is that there is a general agreement that drug-impaired driving represents a serious criminal justice, health and traffic safety issue in Canada and drug users are disproportionally involved in fatal accidents, so drug involvement basically causes the most number of fatal accidents and a recent survey indicated that 81 per cent of respondents agreed that Canada needs new impaired driving laws." The plans to amend the criminal code will make it an offence to refuse a test for driving a car while drug-impaired, and an offence to be in care and control of a vehicle while in possession of an illegal drug. It will also authorize a certificate of analysis to be admissible in court as proof of impairment. It will increases the minimum fines and terms of imprisonment for impaired driving from $600 to $1,000 for a first offence, 14 days to 30 days for a second offence and from 90 to 120 days for a third offence. Police officers will be authorized to conduct roadside impairment tests for drug impairment. If the driver fails, they will be assessed by a drug recognition expert (a police officer specially trained to recognized signs of impairment). This expert can authorize a test of body fluids to be taken based on the evidence of impairment they have found. Pembroke Police Chief Blair MacIsaac said it is difficult to comment on legislation that has not yet been passed, but he did say that the problem of driving while impaired, whether by drugs or alcohol, continues to remain a police enforcement priority. "Impaired driving is irresponsible and dangerous, risking injuries or worse. Additionally, the impact of a criminal charge has serious and long-term effects for the offender," Chief MacIsaac said. "It is essential that police prevention efforts remain a priority. Mothers Against Drunk Driving (MADD) is an excellent partner in these efforts. "Young people especially, must learn that driving ability is also impaired by the use of drugs and not just alcohol. Most people would be surprised at just how little consumption is required to cause impairment. The best advice remains don't drink and drive, period," he said. Unfortunately for police, there are no roadside tests that identify drugs a driver may have used. "Currently, unlike alcohol, there is no such roadside device that police officers can use to check for the presence of drugs in a driver's system. Officers must rely on physical symptoms and other evidence. To date, our service has not laid a charge of impaired driving related to drugs,' Chief MacIsaac said. Rick Reimer, a retired lawyer who currently resides near Killaloe, was found not guilty in 2003 of drug-impaired driving. In February 2002, he was pulled over for crossing the centre line. The police officer noticed Mr. Reimer was smoking a joint. Mr. Reimer was charged with impaired driving but the judge in the case found him not guilty because he was not convinced that it was the marijuana and not Mr. Reimer's multiple sclerosis, that had caused him to weave. While Mr. Reimer is concerned about over impairment caused by certain types of prescription drugs and the mix of drugs and alcohol, he questions whether or not marijuana is a problem. "They can't have a law for every specific substance," he argued. "In all my years as a lawyer, much of the misery and carnage I've seen at accidents was caused by alcohol. I can't think of single instance where it was just marijuana. Now, marijuana and alcohol are often used together." Mr. Reimer who has a medical exemption to use marijuana because of his multiple sclerosis said in his experience, people using marijuana will overestimate their level of impairment and underestimate their driving ability causing them to overcompensate. "They will slow down, turn off the radio and pay more attention," he said. - --- MAP posted-by: Derek