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News (Media Awareness Project) - CN ON: New Law Gives Cops More Freedom To Go After Impaired
Title:CN ON: New Law Gives Cops More Freedom To Go After Impaired
Published On:2008-11-18
Source:Chatham This Week (CN ON)
Fetched On:2008-11-20 02:39:19
NEW LAW GIVES COPS MORE FREEDOM TO GO AFTER IMPAIRED DRIVERS WHO AREN'T DRUNK

You don't need to be drunk to be impaired while driving, and now you
can expect consequences, as determined by Ontario's new drug legislation.

"Enough is enough," says Const. Chris Baillargeon, the police
service's drug recognition expert.

"In the last year, police have really taken a grasp on getting
impaired drivers off the road."

Approved at the Ontario Legislature in July, the new law gives police
the right to arrest and test drivers who have visible signs and
symptoms of impairment.

The drug test is a 12-step procedure, for which Baillargeon would be
called in to perform.

Right now, he's the only trained drug recognition expert for
Chatham-Kent. But the police service has expressed interest in
training one more officer if the need arises.

Since the new law was passed, there have been two cases where
individuals have been arrested because of alleged impaired driving
from drug use. But they have yet to make a court appearance.

Baillargeon says Chatham-Kent officers are receiving the necessary
training to identify drug-impaired drivers.

In a training program held earlier this fall, he said many of the
officers "had little lights going off in their heads" as they
recalled past instances where a person may not have blown over the
legal limit for alcohol, but were nevertheless showing signs of impairment.

Baillargeon said Ontario has been slow to enact drug impairment
legislation, but the U.S. and Europe have had such laws for years.

If a driver is stopped in Ontario and police believe there's reason
an impairment charge, the driver is brought to police headquarters.

In Chatham-Kent, Baillargeon would be called in for an evaluation. He
would then take the blood pressure, pulse and temperature of the
suspect. A urine test and a divided attention test would follow. The
urine sample would be sent away to confirm Baillargeon's findings.

An eye check is also part of the evaluation, which must be done in a dark room.

"This can be a little uncomfortable feeling the first few times, as
officer safety is paramount," he admitted.

The list of prohibited drugs fills a four-inch thick book, said Baillargeon.

As well, certain pills or a combination of pills can create difficult
situations by altering a person's mood or inhibiting them to the
point of not feeling any pressure being applied to slow down or stop
their movements.

"If we can recognize these signs and symptoms, we can back away and
take a different angle," said Baillargeon.

He said the new legislation is for motorists only.

Baillargeon said the legislation also gives police the right to
charge a driver for refusing to take the test.

Sgt. Mike Domony says the new legislation is something police have
been looking for.

Baillargeon agrees, and says in the past police had their hands
"tied" when faced with a driver who was exhibition signs of
impairment, but not from alcohol. If there was not immediate evidence
of drug use, police had little choice but to send the driver on his or her way.

Baillargeon said driving while impaired by drugs is punishable by the
same sanctions as given to those who are drivingdrunk.

A first offence conviction is made up of a fine and a one-year
driving probation. Any subsequent convictions could range from higher
fines to mandatory minimum jail sentences of 14 days for a second
offence and 90 days for a third.
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