News (Media Awareness Project) - CN AB: Law Increases Penalties For Impaired Drivers |
Title: | CN AB: Law Increases Penalties For Impaired Drivers |
Published On: | 2008-07-15 |
Source: | Innisfail Province (CN AB) |
Fetched On: | 2008-07-17 06:55:25 |
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."
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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