News (Media Awareness Project) - CN BC: Cops Can Take Fluid Samples From Drivers Suspected Of |
| Title: | CN BC: Cops Can Take Fluid Samples From Drivers Suspected Of |
| Published On: | 2008-06-25 |
| Source: | Nanaimo Daily News (CN BC) |
| Fetched On: | 2008-06-30 19:03:28 |
COPS CAN TAKE FLUID SAMPLES FROM DRIVERS SUSPECTED OF BEING HIGH
Starting next week, police will have more power to investigate,
detain and charge drivers impaired by drugs other than alcohol.
On July 2, police all over the country will be able to require a
person to participate in a drug recognition process if they have
reasonable suspicion that the person is high, or face the same
charges as refusing to take a breathalyzer test.
"The biggest change is that it used to be consensual," said Sgt. John
Blaase, the officer in charge of the Nanaimo RCMP traffic section.
He said that in the past, a person driving erratically while under
the influence of a drug like cocaine or marijuana could simply deny
they were impaired and refuse to speak with an RCMP expert trained in
drug recognition. Blaase said the best they could do in those
circumstances was issue a 24-hour prohibition.
"Now with the new legislation, a demand can be made," he said.
Refusing to take a breathalyzer resulted in the same penalty as a
drunk driving conviction, a one-year driving suspension and a minimum
$1,000 fine, and the same will apply to a person who refuses to
participate in the drug recognition process.
Blaase said they so far have one officer trained as a drug
recognition expert, and more will be on the way.
"I'm hoping they're are doing training courses as we speak," he said.
The new law also gives police the right to demand, in certain
circumstances, samples of blood, saliva or urine.
Police can currently take blood samples from suspected impaired
drivers who cannot give a breath sample.
The drug recognition experts, recognized in law, are expected to give
the courts the information that in drunk driving cases comes from the
breathalyzer.
"(Currently) I can't prove beyond a reasonable doubt because we have
not scientific instruments (for other drugs)." Blaase said that it
may take 12 to 18 months before cases get into the courts that will
test how effective the drug recognition system is.
"It's definitely going to take some ramping up time," he said.
Starting next week, police will have more power to investigate,
detain and charge drivers impaired by drugs other than alcohol.
On July 2, police all over the country will be able to require a
person to participate in a drug recognition process if they have
reasonable suspicion that the person is high, or face the same
charges as refusing to take a breathalyzer test.
"The biggest change is that it used to be consensual," said Sgt. John
Blaase, the officer in charge of the Nanaimo RCMP traffic section.
He said that in the past, a person driving erratically while under
the influence of a drug like cocaine or marijuana could simply deny
they were impaired and refuse to speak with an RCMP expert trained in
drug recognition. Blaase said the best they could do in those
circumstances was issue a 24-hour prohibition.
"Now with the new legislation, a demand can be made," he said.
Refusing to take a breathalyzer resulted in the same penalty as a
drunk driving conviction, a one-year driving suspension and a minimum
$1,000 fine, and the same will apply to a person who refuses to
participate in the drug recognition process.
Blaase said they so far have one officer trained as a drug
recognition expert, and more will be on the way.
"I'm hoping they're are doing training courses as we speak," he said.
The new law also gives police the right to demand, in certain
circumstances, samples of blood, saliva or urine.
Police can currently take blood samples from suspected impaired
drivers who cannot give a breath sample.
The drug recognition experts, recognized in law, are expected to give
the courts the information that in drunk driving cases comes from the
breathalyzer.
"(Currently) I can't prove beyond a reasonable doubt because we have
not scientific instruments (for other drugs)." Blaase said that it
may take 12 to 18 months before cases get into the courts that will
test how effective the drug recognition system is.
"It's definitely going to take some ramping up time," he said.
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