(DIR) Home
Stiffer penalties for impaired driving coming to N.B., with immediate
roadside suspension
(HTM) Source
----------------------------------------------------------------------
The New Brunswick government is moving to crack down on the number of
impaired driving cases by rolling out new penalties that avoid sending
motorists into backlogged courts.
The amendments introduced to the Motor Vehicle Act would give peace
officers the discretion to give impaired drivers an immediate roadside
suspension or charge them under the Criminal Code.
Public Safety Minister Kris Austin said the measures are modelled
after those in British Columbia, Alberta and Manitoba, which have seen
a reduction in alcohol-related motor vehicle deaths.
"This is going to dramatically reduce the court proceedings to free up
the courts for other issues, but it also gives stiff penalties for
those who are caught driving impaired," he told reporters at a news
conference.
Under the new administrative penalty, known as the immediate roadside
suspension, drivers would not be criminally charged. Instead, they
would receive a 15-month suspension, a 30-day vehicle impoundment and
mandatory participation in an approved education program for impaired
drivers.
_ **WATCH**_ **|** _ **'These penalties are stiff'**_ **:**
### Impaired drivers in New Brunswick could soon face stronger
penalties
Public Safety Minister Kris Austin has proposed changes to the Motor
Vehicle Act that would allow peace officers to give impaired drivers
immediate roadside suspensions or charge them under the Criminal Code.
The only existing option available to law enforcement involves
charging the driver and issuing a three-month suspension, with the
driver allowed to stay on the road until appearing in court.
If convicted, the driver faces a $1,600 court fee, a mandatory re-
education course, reinstatement fees, a 12-month licence suspension
and nine months of mandatory participation in the ignition interlock
program.
The interlock requirement involves the installation of a breathalyzer
test device in the convicted individual's vehicle.
The amendments also include a mandatory short-term licence suspension
and vehicle impoundment for drivers who register a blood alcohol level
between 0.05 and 0.08. Financial penalties would be tiered between
$200 and $400. Existing measures for novice drivers remain unchanged.
## Reducing court delays
The measure is part of several pieces of proposed legislation aimed at
freeing up time in the provincial court system.
Austin said the province continues to see high numbers of impaired
drivers facing charges, and these cases take up 28 per cent of
provincial court time. He said the new changes will cut the number of
impaired driving cases in half.
"If the officer goes the administrative route, it's immediate and it's
long-lasting," he said.
In additional to the Motor Vehicle Act amendments, the government also
introduced the Justices of the Peace Act, which would establish them
as court officials and allow them to conduct bail hearings in place of
judges.
The province also introduced an Act Respecting Hearing Officers, which
would consolidate various court officials under the title of hearing
officer and allow them to conduct certain child, youth and adult
protection matters.
## 13 fatal collisions in 2023
In 2023, there were 950 impaired driving convictions and more than 300
short-term licence suspensions in New Brunswick, Austin said.
There were also 13 fatal collisions, where driver impairment was
suspected as a contributing factor, according to statistics from New
Brunswick RCMP provided in a news release.
Steve Sullivan, CEO of MADD Canada, attended Tuesday's news
conference. He said the absence of public disclosure of incidents
won't have an impact on deterrence. He said the swiftness of the
sanction and the sentence prevent people from impaired driving.
Sullivan said police in Ontario regularly publish names of people
caught for impaired driving, but there is no evidence to show it
deters others.
"Your sanction is immediate. That has a deterring effect on people's
behaviour," he said of the changes.
Gary Forward, president of the New Brunswick Association of Chiefs of
Police, said the measures will help police take immediate action
against impaired driving and will improve public safety. (Alexandre
Silberman/CBC)
Woodstock police Chief Gary Forward, president of the N.B. Association
of Chiefs of Police, said the amendments will help increase safety on
the roads.
"In the short-term we're looking for efficient and effective ways to
make our roads safer, and I think reasonably with that comes the
opportunity to address some of the larger issues."
Austin said he has confidence in peace officers to make the right call
when deciding between a criminal charge or administrative penalties.
He said if there are minors in the car, the officer will be obligated
to go with the Criminal Code option.
"I think our officers are very good at enforcing the law and making
those decisions daily on different offences, so I don't see this as
any different in that regard," he said.
______________________________________________________________________
Served by Flask-Gopher/2.2.1