Introduced in Dec 2018, Bill C-46 in Canada is opposed by many criminal defense lawyers. They warn that the bill violates charter rights. The new amended Section 253 of the criminal code is stricter and enables police to demand a breathalyzer test from any driver they suspect are impaired. The revised rule allows police in any province or municipality to ask for a breath sample at any time or any place or pulled off over for violating traffic laws. This also includes those situations even when the driver is no longer behind the wheel even for hours. Wagners personal injury lawyers give you clarity on this and how your claim for the injury can be compensated.
What new law has to say?
Before Dec 2018, police used to face problems for detecting the impaired drivers because they are not easily detected and would not sometimes, even show the obvious signs of intoxication especially when they used to sit on the driver’s seat of their vehicle.
But under the new mandatory alcohol screening rules, the police is able to demand a breath sample from a driver immediately even in the absence of reasonable grounds to suspect the driver is impaired.
Criminal defense lawyers raise the questions:
Criminal defense lawyers are warning that the bill violates the charter rules of protection. Now the police anywhere across Canada can arrest anyone they like or at least stop randomly for breathalyzer sample. This can be deemed unconstitutional.
No change for the general public:
The Senate amendment tried to remove the provision allowing the police to demand a breathalyzer test anywhere without any reasonable grounds but it was rejected by the court.
Justice Minister Jody Wilson – Raybould said that she is 100 percent confident that the law doesn’t violate the Charter of Rights and Freedoms.
Such laws are already mandatory in countries like Australia, New Zealand, and Denmark. Impaired driving is illegal in all forms but the general message lies that there will be no change for the general public.
The new law imposes new penalties:
The new laws allow police to impose better tools to prohibit drinking while driving. Officers can now request the breathalyzer tests without any outward sign of alcohol drinking. This also brings into the new and strict penalties into effect. The penalty is based on Blood Alcohol Concentration (BAC).
The structure is:
- First offenders –
- If BAC is 80-119 mg/ 100 ml- Fine $1000
- If BAC is 120-159 mg/100 ml – Fine $1500
- Those who refuse testing or BAC of 160 mg/100 ml or more- Fine $2000
- Second offenders- mandatory 30-day jail sentence
- Third offenses- Minimum 120 jail sentence
How can we help?
In case you or your loved one suffers an injury due to a car accident, Wagners Personal Lawyers are there to help you. We will investigate your case and will handle all paperwork and will help you get your maximum claim so that you can focus on your recovery. We handle cases on a contingency fee basis. You will pay only if you get your claim.