ROADSIDE DRUG TESTING HERE

Abbotsford Police Ready for New Rules

With the new law for roadside drug testing now in effect, the
Abbotsford Police Department is already cracking the whip and is in
the process of providing additional training to its officers.

The APD is also considering expanding its number of trained Drug
Recognition Experts [DRE], said Const. Casey Vinet.

"We support any law designed to support public safety, and we need to
do everything we can to make sure we continue to emphasize, no matter
what, driving under the influence of anything is unacceptable," he
said.

Bill C-32, which came into place Wednesday, expands enforcement of
drug impaired driving by giving police the power to request physical
sobriety tests and body fluid samples.

If a person is driving while high on drugs they will face roadside
testing and could be ordered to undergo a DRE evaluation. If an
officer identifies drug impairment, the driver can be forced to give
urine, saliva or blood samples.

The tests will look to identify by illegal, over-the-counter and
prescription drugs. Drivers who refuse to comply with an officer's
request will be subject to a $1,000 fine - the same as refusing a
breathalyzer. "Being able to conduct these tests is crucial to help us
formulate the grounds that are necessary for a drug impaired driving
charge," said Vinet.

In terms of whether or not the new requirements will prove to be
practical - "Only time will tell," Vinet said.

The new law, however, has some critics warning that the demand for
bodily fluids is intrusive and is unreliable in detecting drug impairment.

"Simply because they find traces of marijuana or other drugs in your
system does not mean that your ability to drive is impaired," said
John Conroy, a lawyer and founder of Conroy and Company, an Abbotsford
legal firm. The testing of bodily fluids can detect whether someone
has smoked marijuana in the last 90 days or more - long after the
effect of the drug has worn off.

"The danger of this is that too much focus is placed on the presence
of the drug. If someone claimed they were just really tired at the
time of their roadside test, but fluid tests showed traces of a drug
in their system - "who's to say they didn't do that drug days or even
months ago," said Conroy.

He agrees people should never operate any type of vehicle if their
ability to drive is impaired by drugs or alcohol, but believes the new
law has many flaws and could potentially create more problems than it
solves.

"It will be interesting to see how challenging this could prove to
be," said Conroy.