New impaired driving rules as legalization on the horizon - Car Accidents
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Drug-impaired driving is on the rise in the City of Toronto. On September 22, the CBC reported that ’58 drivers have been charged with impaired driving connected to drugs so far this year, compared to just 19 at this same time last year.’ Like drunk driving, drug-impaired driving puts all road-users at serious risk of injury, and though car accident lawyers and rehabilitation workers can provide important resources to injury victims, life after a traumatic injury may never be the same.

Toronto police announced the increase in drug-impaired driving at a recent meeting held to discuss concerns over Ottawa’s plan to legalize marijuana later this year. Although Toronto Police say prescription medications are a more likely culprit in drug-impaired driving cases, citizens still have valid concerns about how marijuana-using drivers will be dealt with under the law.

On October 2, a new set of regulations was implemented by the Government of Ontario to discourage drug-impaired drivers from getting behind the wheel. The new rules of the road include harsh penalties for driving under the influence of narcotics, and firmly establish drug-impaired driving as equivalent to drunk driving. Car accident lawyers hope the regulations will limit road accidents leading to serious injuries.

“Whether it’s drugs or alcohol, impaired driving is never okay,” said Ontario Transportation Minister Steven Del Duca. “Not only do you face tough penalties, but you risk your life and endanger everyone around you. It’s not worth the risk. If you’re not sober, don’t get behind the wheel.”

What happens if you are caught driving while under the influence of drugs?

According to a September 28 provincial release, drug-impaired drivers will face:

  • A $180 penalty
  • And immediate licence suspension for three days for the first occurrence, seven days for the second occurrence and 30 days for the third and subsequent occurrences upon failure of a roadside sobriety test
  • A possible 90-day licence suspension and a seven-day vehicle impoundment following further testing by a drug recognition expert at a police station
  • Mandatory education or treatment programs, and installation of an ignition interlock device in their vehicle, for drivers with two or more licence suspensions involving alcohol or drugs within a 10-year period

“It’s great because we now have more tools for us to do our job,” Sgt. Kerry Schmidt, a spokesperson for the Ontario Provincial Police (OPP), Highway Safety Division, told the CBC. “Hopefully it’s a deterrent for these drivers to understand that you can’t just have a joint or have some sort of drug in your body thinking that getting a little buzz isn’t going to cause any problems.”

Many of these regulations – the automatic licence suspension in particular – match those in place for drunk drivers. Unfortunately, testing for drug-impaired driving is more complicated than testing for drunk driving; there is no standard tool such as a breathalyzer with which to assess levels of intoxication. Instead, law enforcement puts suspected impaired drivers through a battery of sobriety tests, including eye exams, walking heel-to-toe in a straight line, or standing on one foot during a mental challenge, the CBC reports. Under the province’s new measures, a suspect who fails their sobriety test will have their licence automatically suspended, and will be sent to a nearby police station for further testing by “Drug Recognition Evaluators” (DRE).

Ontario’s new penalties, which were instituted as part of the Making Ontario’s Roads Safer Act, has been widely accepted by law enforcement, victims’ advocates, and personal injury and car accident lawyers. Whether they act as an effective deterrent for potential impaired drivers remains to be seen.

Whether caused by an impaired driver or not, motor vehicle accidents can be incredibly damaging. If you or a member of your family has been injured, contact the car accident lawyers at Neinstein Personal Injury Lawyers today for a free, no-obligation consultation.

 

Greg Neinstein

Greg Neinstein, B.A. LLB., is the Managing Partner at Neinstein Personal Injury Lawyers LLP. His practice focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. Greg has extensive mediation and trial experience and has a reputation among his colleagues as a skillful negotiator.
Greg Neinstein

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