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 William Murdoch.
All of this will die on the order papers phase. For sure a change of government - yet another Conservative Majority. But time is short to pass all of that in any bill before Premier Higgs wins again. Most likely this will become law when he wins again.
Reply by Le Wier.
And will Dr. Ogden perform the post mortem?
Reply by David Amos.
I believe Austin oversees the the coroner too
Reply by Le Wier.
Oh that’s right! 😆
Reply by David Amos.
We now have an Administrative State thanks to Higgy et al
Comment by Le Wier.
The last time the Motor Vehicle Act was enforced by peace officers was the NB Highway patrol an initiative of the Hatfield Conservatives.
Reply by William Murdoch.
Exactly. And one officer was nailed for impaired escorting Steve Fonyo on his run through NB.
Reply by David Amos.
Franky Boy put the last nail went into the coffin NB Highway Patrol not long after he was elected Do ya think Holt would try to repeat history if elected?
Reply by William Murdoch.
More likely an Alberta model here in the future - Sheriffs everywhere.
Reply by David Amos.
That very much depends on who wins the next election
Reply by William Murdoch.
If The Premier chooses to run again The Premier will win again.
Reply by David Amos.
I agree but will Higgy get a majority is the question for Mr Outhouse
Reply by William Murdoch.
If he runs and wins a Minority he will use his Big Tent Skills to bring others in with him - Presto Majority.
Reply by David Amos.
I maintain that Allian wil be the next PC Leader/Premier but a little birdie told me he plans to run federally. Time will tell the tale
Reply by William Murdoch.
Federally would be the way he should go.
Reply by William Murdoch.
Wasn't the incomplete thumb print on the baggie the reason for The Highway Patrol coming to be?
Comment by Kyle Woodman.
Once again our government is firmly behind protecting the people of this province and the police and majority are firmly behind them on this initiative. Our PM and his soft on crime stance would say, let's give them a 2nd, 3rd, 4th, 5th, and 6th chance for starters and see how things go while they continue to put the public at risk. The difference between a gov't who is behind us, and one who only looks out for himself and close supporters. But shame on Higgs for protecting us, another failure of the Higgs government.
Reply by David Amos.
Methinks we are seeing another case of the dueling Woodys N'esy Pas?
Reply by Kyle Woodman.
Wrong again Ronald.
Comment by Kyle Woodman.
So no presumption of innocence and trial. Sounds on brand for these new Conservatives that have no regard for due process.
Reply by Le Wier.
I read the Conservative brand under Pollivere is about coming after the Charter Rights of Cdns.
Reply by Kyle Woodman.
I should add, tying up courts is a good thing, it has to be, it only makes good common sense.
Reply by William Murdoch.
Where di you read that - The Toronto Star?
Reply by Le Wier.
The National Observer
Reply by David Amos.
I give up which Woody are you?
Reply by David Amos.
Did you vote on the referendum of the Charlottetown Accord???
Reply by William Murdoch.
You noticed it too eh.
Reply by David Amos.
Trust that I never agreed with the Charter
Reply by David Amos.
Do you have any idea why I am preparing to sue the King in the USA?
Reply by William Murdoch.
Sure did.
Reply by William Murdoch.
I have no idea why you are doing that.
Reply by Kyle Woodman.
Wrong again Ronald.
Reply by William Murdoch.
That Kyle is Ronald Who?
Reply by David Amos.
Miller
Reply by David Amos.
Perhaps you should ask Mr Outhouse
Reply by David Amos.
I suspect he has studied my lawsuit against the Queen by now
Reply by William Murdoch.
Probably has studied that by now..
Reply by David Amos.
Have you?
Reply by William Murdoch.
No. I don't even know how I ever would.
Reply by Kyle Woodman.
Ronald Miller-Outhouse.
Comment by TOM BURNS.
It appears to a totally imbalanced form of justice. The criminal record associated with the conviction of impaired driving has serious consequences for the remainder of a persons life. The proposed legislation, while imposing significant short term inconveniences does not have the bite a criminal record does. In effect, this legislation de criminalizes impaired driving on a selective basis. Who gets to choose? While I respect and admire the work our peace officers do, should this responsibility be thrust upon them?
Reply by Kyle Woodman.
Well said. For some, not being able to travel is a huge issue especially if your job requires work in the US. I don't drink and drive, because its stupid, but the potential of losing my job is a pretty big deterrent.
Comment by Robert Brannen.
A mere effort at virtue signaling by the provincial government considering the multitudes of daily traffic infractions that are not enforced.
Comment by Daniel Henwell.
Not sure if I'm a fan of eliminating the court system and giving judge & jury power to the mall cops
Comment by Doug kirby.
Drinking and driving is a criminal charge in canada...so they want to change that law also? With a so called peace officer? Has anyone seen these officers? They are quite the nuance in some places
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
Hidden comment.
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.
Reply by David Amos.
Surely you jest
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.
Reply by David Amos.
You know why I believe a lot fancy people should be locked up in Austin's new jail Correct?Reply by Kyle Woodman.
If you have an impaired driving criminal charge, you can't travel to many countries. That alone is worse than an administrative penalty for most people.
Reply by David Amos.
True
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
Reply by Le Wier.
It doesn’t look like Austen consulted one of the province’s many lawyers before presenting this bill to the Legislature.
Reply by David Amos.
He would not understand what they said anyway. He is just following Higgy's orders
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?Reply by David Amos.
- Do you still beat your dog? Just asking in response
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