Pubdate: Thu, 03 Jul 2008
Source: Times & Transcript (Moncton, CN NK)
Page: A3
Copyright: 2008 New Brunswick Publishing Company
Contact:  http://timestranscript.canadaeast.com/
Details: http://www.mapinc.org/media/2660
Author: Craig Babstock
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/topic/drug+recognition+expert (drug
recognition expert)

POLICE CAN NOW TEST DRIVERS FOR DRUG USE BEHIND THE WHEEL

New Legislation Also Increases Penalties For Impaired Drivers

Canadian police have long been armed with the breathalyser to detect 
drivers impaired by alcohol.

Now the Canadian government has provided them with the ability to 
detect drivers impaired by drugs and controlled substances.

"It's a plus for us," says Codiac RCMP Cpl. Mike Gaudet. "It gives us 
more of a chance to investigate when we suspect (drug impairment)."

The changes that came into effect yesterday are part of the 
Conservative government's Tackling Violent Crime Act. One of the main 
changes is that if a police officer pulls over a motorist and 
suspects he's high on drugs, he can take him to the police station or 
hospital for testing by specially trained drug recognition experts.

Under the new legislation, refusing to co-operate is a criminal 
offence, the equivalent of refusing to take the breathalyser.

Gaudet says prior to this change, when an officer was dealing with a 
driver who appeared to be stoned, there wasn't a lot that could be 
done. They could impound their vehicles for a 24-hour period and send 
them home in a cab, but without a test to determine if they had taken 
drugs -- like the breathalyser for alcohol -- it was difficult to prosecute.

Now, if police find reasonable probable grounds, such as smelling 
marijuana, noticing dilated pupils or bizarre behaviour, they can 
read the suspect their rights and take them in. The specially trained 
officers can take blood, saliva or urine samples, take the suspect's 
blood pressure and other vital signs, test their cognitive and 
attention abilities, among other tests.

These steps will determine if a person is high and police can then 
lay the charge of impaired driving.

Gaudet says Codiac RCMP sent a couple of officers to Arizona last 
year for training in drug recognition and they are now capable of 
training other officers. There are 370 certified RCMP officers across 
the country and the goal is to train an additional 120 per year.

Other changes affect drivers impaired by either alcohol or drugs. The 
minimum penalties for impaired driving have increased to $1,000 from 
$600 for a first offence, 30 days in jail instead of 14 for a second 
conviction and 120 days in jail up from 90 days, for a third 
conviction. That also comes with a driving prohibition which starts 
at one year for a first offence.

Refusing to cooperate with the drug testing could result in a $1,000 
fine and one-year driving prohibition.
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MAP posted-by: Jay Bergstrom