Stiffer penalties for impaired driving coming to N.B., with immediate roadside suspension

The New Brunswick government is moving to crack down on the number of impaired driving cases byrolling 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 impoundmentand mandatory participation in an approved education program for impaired drivers.

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Impaired drivers in New Brunswick could soon face stronger penalties

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Public Safety Minister Kris Austin has proposed changes to the Motor Vehicle Act that would allow peace officers to give impaired drivers immediate roadside suspensions or charge them under the Criminal Code.

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 untilappearing in court.

If convicted, the driverfaces 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 between0.05 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 courttime. 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, whichwould establish themas 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 than300 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.

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 obligatedto 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.