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Legal cannabis will be in the hands of Canadians before the year is up, if, of course, Bill C the Cannabis Act passes through its third and final reading in the Senate on June 7, Assuming it does, government approved retailers will begin stocking the sticky product sometime in late August or early September. With only a couple months to go, law enforcement officials are finalizing strategies to combat high drivers. While THC impairment screening devices are in the research and development stage, police forces will be relying on specially trained officers to identify drug impaired motorists. For example, if a police constable forms reasonable suspicion of impairment by alcohol, the next step is to demand a breath sample on an Approved Screening Device. Discretion then allows the officer to issue an Immediate Roadside Prohibition in British Columbia , or to continue the investigation with another breath test at the detachment, paving the way for criminal charges. In the case of marijuana-impaired drivers, police lack one very important resource: sound, scientific instruments to test for THC levels. But, in reality, police officers are just normal people with a job to do, and are not in any way immune to making mistakes — but in their role, fallacy holds serious consequences for public confidence. Specific observations relating to blood pressure, pulse, and ocular activity are also recorded. Interestingly, a blood or urine test to confirm toxicology is only requested after DRE has concluded decided that a driver is drug-impaired. If the Government chooses to develop an administrative penalty system for high drivers in the same way they did for alcohol impaired drivers, we are likely to see increased praise for police when fines from impounds and prohibitions come pouring in. Criminal lawyers in British Columbia are already cringing at the thought of another regime that strips individuals of their right to make full answer and defence to allegations against them — this time, in relation to drug offences, which can create significant problems for future travel and employment prospects. We are conveniently located in Richmond, B. Contact our office today for your initial consultation. It seems like a done deal. Search for:.

Smoking and driving: What’s to come

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Some of the most highly coveted strains in the world are apparently found here in British Columbia. Of course news that Canada will finally be legalizing and regulating the sale of marijuana has received mixed reactions. Generally, though, the feedback has been positive. Taking marijuana out of the hands of drug dealers and instead putting it in the pockets of politicians seems like an excellent idea — right? But on a more serious note, the legalization of marijuana brings forward a myriad of other issues. One of the most concerning topics is how police will combat drug-impaired drivers. Currently, police are permitted to conduct Standardized Field Sobriety Tests if they suspect a driver is drug-impaired. If the police do believe the person is drug impaired, a doctor monitored blood test must be conducted. Due to a lack of resources, it is often not practicable for police to transport the suspect to the hospital for such testing. As a result, these matters are generally less likely to be prosecuted. While we may see increased use over all due to the fact that certain retailers will be licensed to sell marijuana think Shoppers Drug Mart and London Drugs , the fact of the matter is that people have been driving stoned for years — but the legalization of marijuana is likely to put more stoned drivers on the road. Our government is prepared to fight back by implementing new legislation that gives the police more authority to test suspected drug-impaired drivers roadside. Keeping our roadways safe is something every single person, motorist or pedestrian, can get behind. In doing so, however, it is important that we uphold the values contained in our Charter — i. Police officers are not, by virtue of their employment, drug recognition experts. That knowledge comes from medical training which is obtained through intensive study under skilled professionals. If the proposed legislation does succeed it will be scrutinized through various Charter challenges, prompting amendments to the legislation. It will likely fare similar to how the IRP regime was, and still is, highly criticized by many professionals. If you are pulled over and police suspect you are under the influence of marijuana or any other drug, the first thing you should do is remember your right to silence. The only exceptions to the silence rule:. Our firm is highly skilled in dealing with impaired alcohol or drug driving cases. With over 50 years combined experience, the lawyers at Tarnow Law Offices have the knowledge and strategies to help you through this incredibly stressful time. We are conveniently located in Richmond, B. Ah, Canada. Home of poutine, maple syrup, hockey, and…. An instrument similar to an Approved Screening Device is currently being manufactured and tested ; Allow police to proceed with a drug recognition evaluation or blood sample in circumstances where they have reasonable grounds to believe that an offence has occurred. Allow police to provide opinion evidence in Court regarding their belief that a driver was impaired by a drug at the time of testing. No expert opinion from an external source would be required. This eases the burden on the prosecution to prove the elements of an offence. The only exceptions to the silence rule: Identify yourself upon request; Request to phone and speak with David Tarnow or Jason Tarnow. Search for:.

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