Proposed drunk driving rules clog courts; Enforce program or don't allow delays - MADD Canada
By Maria Calabrese
North Bay Nugget
April 23, 2008

There's a tug of war between accused drunk drivers waiting for a new law that would put them back behind the wheel sooner, and the justice system that wants to avoid delays hearing their cases.

In a North Bay court Tuesday, a man who was charged last October with impaired driving tried to delay his guilty plea until the province passes proposed legislation under its Safer Roads for a Safer Ontario Act.

Bill 203 would give back his licence early if he installs an ignition interlock - a device that prevents a vehicle from starting until a driver blows into it.

"They're taking advantage and they shouldn't be allowed to do that," said Andrew Murie, CEO of Mothers Against Drunk Driving Canada, of the delay tactic that he said is spreading and making a "mockery" of the judicial system.

While MADD Canada supports the use of ignition interlock to reduce the incidence of impaired driving, the program cannot be enforced in Ontario because it's supervised by the company that provides the service but is not monitored by the province, Murie said.

It's a bad policy in a province that has seen an increase in the number of people driving while their licence is suspended, he said. Anyone in Ontario caught driving with a suspended licence will have their vehicle impounded and face fines from $5,000 to $50,000.

First-time drunk drivers currently have their licence suspended for one year and have to drive in a vehicle with an ignition interlock for an additional year once their licence is reinstated.

If passed, the new legislation would allow suspended drivers to get their licences back in three months for a first offence if they install the device.

The Ministry of Transportation website states the program could be delivered as early as the end of 2008.

In North Bay, the Crown's office received direction from the Ministry of the Attorney General not to allow this type of delay, particularly for a proposed legislative change that doesn't have a firm date as to when it might take effect.

And court heard it's unclear whether it would be retroactive to people who have already been charged.

The judge in this case wouldn't allow the delay, and the man will be back in court in three weeks to set a date for a trial.

North Bay lawyer Ian McLean, who takes on impaired driving cases, said he hasn't seen a trend when it comes to these requests for delays, noting some clients want to get the charge resolved as quickly as possible.

Whether or not people want to stall, he said, a trial is set as soon as a date becomes available.

MADD Canada is pushing for the province to either encourage the judicial system not to allow for these types of delays or to implement the new legislation right away.

The organization also applauded the province for its proposed legislation to punish drivers with a blood-alcohol level in the warning range between 0.05 and 0.08.

For a first offence, drivers would lose their licence for three days. A second offence extends that to seven days and an alcohol education program. A third offence would suspend drivers for 30 days, they must take the program and have an ignition interlock condition on their licence for six months.

There is no date when that program might be delivered.