PROPOSED LAW WOULD CRACK DOWN ON DRIVERS STONED BEHIND WHEEL

Mississauga motorists who toke and drive will no longer walk away clean under a proposed plan that gives Peel Regional Police the power to demand saliva, blood and urine from drivers whom they suspect are high on drugs.

The proposed changes to the Criminal Code, introduced this week by the federal Liberals, are being welcomed by Peel traffic officers and officials with Mississauga-based Mothers Against Drunk Driving ( MADD ).

"We are very pleased that the government is finally listening," said Andrew Murie, MADD's national executive director.  "Police simply have no powers to send the message out that drugs and driving don't mix."

Although it's a criminal offence to drive while impaired on drugs or alcohol -- with penalties running to life imprisonment in the case where the offence causes a death -- the police don't have the authority to test a driver for drugs and obtain evidence for a prosecution.  While there is a standard procedure to administer a breathalyzer when drinking and driving is suspected, it's much harder for police to prove a driver is impaired by drug use.

Currently, there are just a handful of drug-related impaired driving cases before the courts in Peel, police said.

Peel police say they have been forced to let suspected impaired drivers go, even when they appear to be high on drugs, because police weren't empowered to collect enough proof of impairment.

"The laws are limited as to what we can do ( when police suspect impairment through drugs )," said Peel Inspector Norm English, head of Traffic Services.  "Any assistance that could help us deal with it or eliminate it is beneficial."

Under the new bill, a police officer could, on reasonable suspicion that a driver is drug-impaired, require a road-side physical sobriety test.

If a driver fails, the officer at the scene could demand more extensive testing at the police station by an officer specially trained in drug recognition ( DRE ).

The DRE officer would demand a sample of a bodily fluid for testing.  Failure to provide a sample on demand would be a criminal offence -- a fine of $600 for the first offence.

Murie said MADD and police are grateful the legislation is being introduced at the same time the government is expected to pass a controversial bill to decriminalize possession of small amounts of marijuana.