Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"
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Similar amendments will alter much of the ''MVA'' regulations for driving with alcohol in your system so that driving with a prescribed drug in your system can result in the same penalties. There is no blood drug concentration specified yet. It will be possible for a combination of drugs and alcohol to trigger penalties even if the blood concentration of each substance is less than the legal limit (section 94.1). | Similar amendments will alter much of the ''MVA'' regulations for driving with alcohol in your system so that driving with a prescribed drug in your system can result in the same penalties. There is no blood drug concentration specified yet. It will be possible for a combination of drugs and alcohol to trigger penalties even if the blood concentration of each substance is less than the legal limit (section 94.1). | ||
==D. Federal Alcohol Offences== | ==D. Federal Alcohol and Drug Offences== | ||
The ''Criminal Code'' provides a number of federal criminal offences related to impaired driving. These are serious criminal offences, with significant possible penalties. Individuals facing ''Criminal Code'' charges are strongly encouraged to consult with a lawyer. | The ''Criminal Code'' provides a number of federal criminal offences related to impaired driving. These are serious criminal offences, with significant possible penalties. Individuals facing ''Criminal Code'' charges are strongly encouraged to consult with a lawyer. | ||
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Breach of ''Charter'' s 10(a) (failure to be informed of reason of arrest) may also result in exclusion of evidence under s 24(2) of the Charter. | Breach of ''Charter'' s 10(a) (failure to be informed of reason of arrest) may also result in exclusion of evidence under s 24(2) of the Charter. | ||
=== 3. Penalties === | === 3. Drug Impaired Driving === | ||
Bill C-46, received royal assent on June 21, 2018 and is coming into force and effect on October 2018. The Bill makes significant changes to the Criminal Code and regulations. | |||
The Bill creates the Criminal Code offences for driving while impaired by marijuana. The Bill proposes limits for the amount of THC, the main psychoactive ingredient in marijuana, that drivers can legally have in their system while driving. | |||
The proposed amendments are to the Regulations, not the Criminal Code. The Regulations set out the per se limits. | |||
• A driver who has over 2 ng of THC in their risks a fine of up to $1000 and a criminal conviction; | |||
• A driver who has over 5 ng of THC in their system, is considered impaired and risks facing a criminal conviction, a $1000 fine and a one year driving prohibition; and | |||
• A driver who has a combination of THC above 2.5 ng and a blood alcohol concentration of over 50 mg% of alcohol per 100 mL is also considered impaired and risks facing a criminal conviction, a $1000 fine and a one year driving prohibition. | |||
=== 4. Penalties === | |||
Under ''Criminal Code'' s 255, impaired driving is a hybrid offence. The minimum fine for a first | Under ''Criminal Code'' s 255, impaired driving is a hybrid offence. The minimum fine for a first | ||