Pubdate: Fri, 4 Jul 2008
Source: Daily Observer, The (CN ON)
Copyright: 2008 Osprey Media Group Inc.
Contact: http://drugsense.org/url/udQyY8Mp
Website: http://www.thedailyobserver.ca/
Details: http://www.mapinc.org/media/2615
Author: Anthony Dixon
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)
Bookmark: http://www.mapinc.org/find?224 (Marijuana and Driving)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

LEGISLATION POWERFUL ENFORCEMENT TOOL FOR COPS

Drivers Suspected of Drug Use Face Fine for Refusing Test

A new federal law that came into effect July 2 seeks to penalize drug 
impaired and alcohol impaired drivers equally.

Bill C-32 puts alcohol and drugs on equal footing for roadside checks 
for impaired driving by police.

Previous to the enactment of Bill C-32, a police officer who 
suspected a driver of being impaired by drugs could request that the 
driver undergo voluntary testing to confirm impairment, however, 
there was no penalty if the driver refused.

According to Upper Ottawa Valley OPP community services officer 
Constable Beth Ethier, in the past police have successfully laid 
drug-impaired driving charges, however, the new legislation certainly 
will make doing so easier.

According to Const. Ethier, the Ontario Provincial Police welcomes 
the legislation although it will require additional training for some officers.

"Police will now be provided with greater investigative tools to 
obtain evidence from drivers who operate vehicles under the influence 
of drugs," Const. Ethier said. "The OPP supports any legislation that 
will help make Ontario's highways safer and get those who are 
impaired, either by drugs or alcohol, off the roads."

The Canadian Centre on Substance Abuse (CCSA) stated in a press 
release that rates of drug-impaired driving in Canada have been 
rising for the past decade.

Because drug-impaired drivers were not penalized if they refused to 
be tested, the CCSA felt some drivers took the chance of driving 
while impaired by drugs because they felt they could not be caught. 
The legislation now makes refusing a roadside drug test equivalent to 
declining a breath test for alcohol and subject to the same penalties.

"The new legislation empowers Canadian police who suspect a driver of 
being impaired by any drug, illegal, prescription or over the 
counter, to conduct a field sobriety test, which is a roadside test 
of physical coordination," Const. Ethier said.

The test usually involves tasks like walking heel to toe, back and 
forth on a line, and maintaining balance while standing on one foot.

Should the officer judge that the driver is impaired, the driver will 
be taken to the police station where he must submit to a mandatory 
Drug Evaluation and Classification (DEC) assessment. This is a 
12-step process that includes the driver providing a sample of blood, 
saliva or urine.

The assessment takes between 45 minutes and an hour and will be 
conducted by a police officer trained as a drug recognition expert.

The DEC assessment program has been operating in various areas across 
the country for years, but only when drivers agreed to allow the testing.

Under the law, impaired drivers will face new penalties including a 
fine of not less than $1,000 for the first offence.

A second offence will result in imprisonment of not less than 30 days 
and not less than 120 days for each subsequent offence.

Impaired drivers who cause an accident can face a maximum 10-year 
sentence in the case of causing bodily harm and a life sentence in 
the case of causing death.

Local police forces realize there will be additional training 
required for some officers but exact numbers, the costs, and 
equipment requirements are still be determined.

The Pembroke Police Service said it wished to further study the 
legislation before making a comment.

Chief Dave Hawkins said acting Deputy Chief Drew Mellon was looking 
into Bill C-32 and that training where required would soon take place.

Attempts were made by the Observer to contact former Pembroke lawyer 
Rick Reimer who was found not guilty in 2003 of drug-impaired 
driving, but the attempts were unsuccessful. Mr. Reimer uses medical marijuana.

In 2002, he was stopped by police for crossing the centre line. The 
police officer noticed Mr. Reimer was smoking a marijuana joint.

Mr. Reimer was charged with impaired driving but at his trial 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. 
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MAP posted-by: Richard Lake