Ontario Drug Impaired Driving Laws Get a Welcome Makeover
A 2016 study released by Statistics Canada contains
some alarming numbers on drug-impaired driving. Out of a total of 75,000
impaired driving incidents reported across Canada in 2015, nearly 3000 of them
involved drugs and seven of these resulted in fatalities. However, Mothers against
Drunk Driving (MADD) sources contest these figures and say that many more
drug-impaired drivers are not detected. Other studies have figures that may
bear this out, since random road samples collected from drivers in British
Columbia alone reveal that 7.4% drivers were drug-impaired.
Police sources say that 40-50% of fatalities caused by
impaired drivers have a link to drugs or a mix of drugs and alcohol.
The number for Toronto are equally disturbing as such
incidents seem to be on the rise. In September 2016, a total of 58 drivers were
charged with impaired driving, while the total for the previous year period was
just 19.
As with alcohol-impaired drivers, drug-impaired
drivers pose a hazard not just to themselves and their co-passengers but also
to all other road-users who share the road with them.
How Do Drugs Impair Driving?
All drugs - prescription, OTC, illegal or intoxicants
- impair driving/aspects of driving. They reduce spatial-awareness,
reaction-time, concentration, motor-coordination, judgment, distance/time
perception, hearing, vision, simultaneous task-processing,
information-processing, psychomotor skills, etc. They may also induce impulsive
behaviors and sleep, enhance risk-taking behavior, aggression, mood-swings,
hallucinations, altered perceptions. Some drugs impair memory and speech, cause
confusion and result in poor speed perception/control.
If you or a dear one has been injured in an accident
caused by a drug-impaired driver, contact an experienced car accident lawyer
without delay. You may be entitled to compensation.
Drug-impaired Driving and the Law
Drug-impaired driving is a serious criminal offense in
Canada under Section 253 of the Criminal Code.
Concerns have been expressed about Ottawa's plans to
legalize marijuana. Toronto police opine that prescription medications are a
huge factor in drug-impaired driver accidents but marijuana-using drivers may
cause further problems if the drug is legalized.
The Government of Ontario released a new set of laws
to deal with this issue. The October 2016 regulations mandate harsher penalties
for drug-impaired drivers and also aim to place drug-impaired driving on par
with drunk driving. These laws have been instituted as part of the Making
Ontario Roads Safer Act.
The new regulations include:
- Legal roadside stop where authorities can demand oral fluid sample
- Those who fail roadside test face immediate fine of $180 and
automatic suspension of license
- Drug recognition Evaluators in police station will conduct further
tests
- There is no right to be heard before suspension of license
- Immediate license suspension for 3 days for 1st incident, 7 days
for 2nd and 30 days for third and subsequent incidents
- 30 and 120 days imprisonment for 2nd and 3rd offense
- Possible 90-day license suspension and vehicle impoundment, with
further testing by drug-recognition experts at a police station
- Compulsory enrollment in education and treatment programs
- Ignition Interlock device for drivers with two or more license
suspensions in a 10-year period
- First offender who refuses testing subject to $2000 fine
A skilled, knowledgeable personal injury lawyer can
advise, assist and advocate when you've been injured by a vehicle driven by a
drug-impaired driver.
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