Pubdate: Tue, 15 Jul 2008
Source: Innisfail Province (CN AB)
Copyright: 2008 Mountain View Publishing
Contact:  http://www.innisfailprovince.ca
Details: http://www.mapinc.org/media/3607
Author: Jennifer Wilson
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

LAW INCREASES PENALTIES FOR IMPAIRED DRIVERS

New impaired driving laws will help crack down on those under the 
influence of drugs while driving.

Last week, provisions on impaired driving under the federal Tackling 
Violent Crime Act came into force, giving police better tools to 
detect and investigate drug impaired driving. It also increased 
penalties for those under the influence of alcohol or narcotics.

"In Alberta, hundreds of people are killed by drunk drivers, so the 
need has been there for a long time," said Red Deer MP Bob Mills. "I 
think it'll make a difference."

"Nearly two years ago, Prime Minister Stephen Harper tied a MADD 
Canada ribbon to a vehicle to raise awareness for sober and safe 
driving and to announce legislation that would result in tougher 
penalties for impaired driving," said Rob Nicholson, Minister of 
Justice and Attorney General. "I am pleased to say that we have 
delivered on our commitment to Canadians by passing the Tackling 
Violent Crime Act. As of July 2, if you are caught driving impaired, 
you will be held fully accountable for your actions."

The act specifically mentions drugs when talking about impaired 
driving. Peace officers will be authorized to conduct roadside 
sobriety tests to see if a driver is impaired by a drugs or alcohol 
and to take samples of bodily fluids to confirm.

Refusing or failing to comply with demands for sobriety tests or 
bodily fluid samples for drugs would be punishable by the same 
Criminal Code penalty as refusing a demand for a breath test for 
alcohol - a minimum $1,000 fine for a first offence, with a maximum 
penalty of 18 months imprisonment.

As well, when defending an impaired charge, an accused will only be 
allowed to use scientifically valid defences as evidence to avoid 
conviction for driving with a blood-alcohol concentration over 80. 
This should reduce the number of defendants who can avoid conviction 
on technicalities (e.g., the "two-beer defence").

Drivers caught under the influence of alcohol and/or drugs will now:

- - Face a maximum life sentence if they cause death, and a maximum 
10-year sentence if they cause bodily harm, when their blood alcohol 
concentration is over 80;

- - Be charged with a criminal offence if they refuse or fail to comply 
with a demand to provide for physical sobriety tests or bodily fluid samples.

- - Face tougher mandatory penalties such as: $1,000 for a first 
offence (up from $600) and a sentence of 30 days in jail for a second 
offence (up from 14 days).

"There is no excuse for driving impaired, and through the summer 
months we are urging Canadians to make plans to travel safely to and 
from holiday parties and family get-togethers. MADD Canada wants 
everyone to remember to drive sober when on the roads or waterways," 
said Margaret Miller, national president of MADD Canada.

"With greater public awareness and the new federal laws, our hope is 
that we can all enjoy the summer without any needless death or injury 
as a result of impaired driving."

Mills said he was also glad to see the increased penalties on a more 
personal level. In the 1970s, Mills himself was hit by a drunk driver 
in Red Deer. He was thrown from the car and hit his head on a fire 
hydrant, leaving him unconscious for a week. Mills said the drunk 
driver had already hit another person before the accident.

"I think we have to be as tough as we can be," he said. "I think 
it'll take a few people getting the penalty (for it) to really sink 
into people."
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MAP posted-by: Jay Bergstrom