Pubdate: Tue, 18 Nov 2008
Source: Chatham This Week (CN ON)
Copyright: 2008 Chatham This Week
Contact: http://drugsense.org/url/EEHyAkH1
Website: http://www.chathamthisweek.com/
Details: http://www.mapinc.org/media/719
Author: Emily Page
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/topic/Drug+Recognition

NEW LAW GIVES COPS MORE FREEDOM TO GO AFTER IMPAIRED DRIVERS WHO AREN'T DRUNK

You don't need to be drunk to be impaired while driving, and now you 
can expect consequences, as determined by Ontario's new drug legislation.

"Enough is enough," says Const. Chris Baillargeon, the police 
service's drug recognition expert.

"In the last year, police have really taken a grasp on getting 
impaired drivers off the road."

Approved at the Ontario Legislature in July, the new law gives police 
the right to arrest and test drivers who have visible signs and 
symptoms of impairment.

The drug test is a 12-step procedure, for which Baillargeon would be 
called in to perform.

Right now, he's the only trained drug recognition expert for 
Chatham-Kent. But the police service has expressed interest in 
training one more officer if the need arises.

Since the new law was passed, there have been two cases where 
individuals have been arrested because of alleged impaired driving 
from drug use. But they have yet to make a court appearance.

Baillargeon says Chatham-Kent officers are receiving the necessary 
training to identify drug-impaired drivers.

In a training program held earlier this fall, he said many of the 
officers "had little lights going off in their heads" as they 
recalled past instances where a person may not have blown over the 
legal limit for alcohol, but were nevertheless showing signs of impairment.

Baillargeon said Ontario has been slow to enact drug impairment 
legislation, but the U.S. and Europe have had such laws for years.

If a driver is stopped in Ontario and police believe there's reason 
an impairment charge, the driver is brought to police headquarters.

In Chatham-Kent, Baillargeon would be called in for an evaluation. He 
would then take the blood pressure, pulse and temperature of the 
suspect. A urine test and a divided attention test would follow. The 
urine sample would be sent away to confirm Baillargeon's findings.

An eye check is also part of the evaluation, which must be done in a dark room.

"This can be a little uncomfortable feeling the first few times, as 
officer safety is paramount," he admitted.

The list of prohibited drugs fills a four-inch thick book, said Baillargeon.

As well, certain pills or a combination of pills can create difficult 
situations by altering a person's mood or inhibiting them to the 
point of not feeling any pressure being applied to slow down or stop 
their movements.

"If we can recognize these signs and symptoms, we can back away and 
take a different angle," said Baillargeon.

He said the new legislation is for motorists only.

Baillargeon said the legislation also gives police the right to 
charge a driver for refusing to take the test.

Sgt. Mike Domony says the new legislation is something police have 
been looking for.

Baillargeon agrees, and says in the past police had their hands 
"tied" when faced with a driver who was exhibition signs of 
impairment, but not from alcohol. If there was not immediate evidence 
of drug use, police had little choice but to send the driver on his or her way.

Baillargeon said driving while impaired by drugs is punishable by the 
same sanctions as given to those who are drivingdrunk.

A first offence conviction is made up of a fine and a one-year 
driving probation. Any subsequent convictions could range from higher 
fines to mandatory minimum jail sentences of 14 days for a second 
offence and 90 days for a third.
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MAP posted-by: Jay Bergstrom