Stiffer penalties for impaired driving coming to N.B., with immediate roadside suspension
Province introduces changes that will also 'free up the courts,' public safety minister says
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.
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.
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All Comments
Comment by David Amos.
Administrative state anyone???
Comment by Fred E. Turner.
don't drive intoxicated if you don't want to receive a license suspension
Comment by Don Corey.
The liberal crowd no doubt feels this is cruel and unnecessary punishment for drunk drivers.
Reply by David Amos.
Methinks the cruel and unusual punishment was Higgy appointing his new buddy in charge of the cops N'esy Pas?
Comment by Lionel Nielsen.
Higgs working diligently on behalf of New Brunswickers ensuring their safety.
Now that's leadership @ its finest.
Comment by Gary Webber.
Keep in mind Austin is building a new jail in Minto that according to his deputy minister at the time of announcement we didn't need.
Failed at his attempt to get a law to arrest homeless people so plan 2 setup roadblocks and see if you can get enough clients to fill your jail.
Reply by Douglas James.
I think you missed this part of the story: Under the new administrative penalty, known as the immediate roadside suspension, drivers would not be criminally charged. In other words after announcing a new jail...he is taking action to keep people out of jail, at least for driving under the influence.
Reply by Gary Webber.
True
Reply by Don Corey.
And how many actually go to jail for impaired driving?
The new jail will be well used after the next federal election gives us a government that is actually serious about addressing the crime crisis and hook and release craziness.
Comment by John Murray.
Don't drink and drive.
End of issue.
Comment by Allan Marven.
It ain't gonna happen. Not enough time before their ship sinks.
Comment by Le Wier.
Under the new administrative penalty is a 30 day vehicle impoundment. What if the vehicle is licensed to two people? So the person who wasn’t impaired will be punished as well with the impoundment.
Reply by Jake Newman.
yes. tough luck.
Reply by Le Wier.
Yes it sure looks that way doesn’t it?
Reply by Don Corey.
The cruel and unnecessary punishment scenarios are starting already.
Reply by David Amos.
Good point
Reply by David Amos.
As well they should
Comment by Robert Brannen.
Somewhat twofaced of a government that continues to allow a video run on Facebook which councils motorists to ignore the requirement of section 156.1 of the New Brunswick Motor Vehicle Act.
Comment by Samual Johnston.
It is an interesting concept to have a police office become the judge and jury. More details are needed here. As mentioned below is there an appeal process if the driver disagrees with the immediate punishment? Perhaps they are given the option take the immediate punishment or be charged and take their chances with a judge in a criminal case?
Reply by Allan Marven.
With next falls election, cpnb's covid gestapo will be gone too.
Reply by David Amos.
Higgy et al do not respect the rule of law
Comment by Les Cooper.
Won't be a lot of people left with drivers licences in NB. Hope transit improves lol
Comment by JOhn D Bond.
For a change I will applaud this act by the Higgs government. It is pragmatic, addresses the issue on the spot, imposes the the desired penalties and should quickly act as a deterrent on this illegal activity.
Comment by David Amos.
"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,"
Yea Right
Reply by David Amos.
Does anyone believe Austin anymore?
Comment by Bob de trelleg.
Great start, but what about impaired driving as the result of smartphone use? Statistically, the addiction to one's mobile results in many, many accidents. I just don't get it. Not a day goes by without someone behind me at a light checking their so very important texts or someone driving towards me either talking on his/her phone.
Reply by Bob de trelleg.
or texting
Reply by David Amos.
What are you gonna do about it?
Reply by Bob de trelleg.
Are you someone who disobeys the laws as they are written, just asking?
Reply by MR Cain.
They have to be caught by a policeman on duty.
Reply by MR Cain.
Who are you talking to?
Reply by David Amos.
Guess
Reply by David Amos.
Do you beat your wife?
Comment by danny rugg.
So the question is , can the immediate suspension be appealed? Maybe the machine is faulty?
Reply by David Amos.
Methinks you have to sue N'esy Pas?
Reply by SarahRose Werner.
I would think that there'd have to be an opportunity to appeal. Otherwise the immediate suspensions violate the Constitution. But as the article says, the courts where the appeal would be heard are backed up. In the meantime, the driver is suspended.
Reply by SarahRose Werner.
Not mention the 30-day vehicle impoundment.
Reply by Les Cooper.
The judges will over turn decisions as always. And police officers will have done all the foot work for nothing. As always.
Reply by Bob de trelleg.
Yes, just like there’s no reason to charge gas thieves. It’s only a matter of time until some convenience store or gas bar owner decides that enough is enough and takes the matter into his or her hands.
Reply by MR Cain.
Appeal an immediate suspension in 90 days time.
Reply by MR Cain.
That would not be very good for the owner; suggest he invest in some technology.
Yea Right