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BOBBI-JEAN MACKINNON
Telegraph-Journal

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SAINT JOHN - A 33-year-old Saint John man is the first in New Brunswick to be convicted for drug-impaired driving based on new investigative tools provided by federal legislation.

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Const. Trevor Jones of the Saint John Police Force says marijuana is probably the most common illegal drug people use before getting behind the wheel to drive.

Ralph Daniel Craig, a Dilaudid addict, was subjected to new drug detection tests by police after rear-ending another vehicle and "failed miserably," Crown prosecutor Chris Titus told provincial court.

Craig was "clearly impaired by drugs," Titus said.

Craig, of no fixed address, was sentenced to 35 days in jail after pleading guilty to impaired driving, failing to remain at the scene of an accident and violating a probation order to keep the peace and be of good behaviour.

He was also prohibited from driving for one year, placed on probation for six months and ordered to make all reasonable efforts to attend substance abuse counselling.

"The roads will be safer" for all motorists under the new legislation, which took effect July 2, said Const. Trevor Jones of the Saint John Police Force's traffic division.

"It enables us to better investigate drug-impaired drivers because they kill people too. I mean, impaired is impaired," said Jones, who is one of three certified drug recognition experts (DRE) on the force and provincial co-ordinator for the DRE program.

Under the new legislation, drivers suspected of driving while high on drugs can be forced to undergo mandatory roadside sobriety tests, similar to those currently used to detect alcohol impairment. Drivers who refuse the roadside tests will be subject to a $1,000 fine - the same penalty imposed for refusing the breathalyser.

Police also have the power to take suspected drug-impaired drivers to the police station to get a blood or urine sample. Reasonable and probable grounds could include erratic driving, no smell of alcohol, but the smell of marijuana, or drug paraphernalia being in the vehicle, said Jones.

Marijuana is probably the most common illegal drug people use before getting behind the wheel to drive, said Jones. But illegal drugs aren't the only problem, he stressed. Even drivers taking prescription medications can be dangerous - "especially if they mix it with a glass of wine."

Craig was the first person arrested in Saint John using the new tools, said Jones. "He was one of the worst cases of impaired drivers I've ever seen - and he had no alcohol in him."

On Aug. 4, about 8 p.m., police were called to Ashburn Lake Road about a hit-and-run and possible impaired driver, Titus told the court.

Witnesses said Craig had been travelling at a high rate of speed on Highway 1, passed one vehicle, then smashed into the rear end of another vehicle being driven by a woman from Quebec, who had a female passenger. He lost control of his vehicle, spun around and was facing the wrong direction on the highway before he finally got turned back around and continued on, said Titus.

Police found Craig pulled over with a flat tire. He didn't remember hitting any vehicles; he thought he had hit a guardrail, the court heard.

"He can't remember much of what happened," said duty counsel Margaret Gallagher. He has a "severe addiction" to Dilaudid.

Craig, a carpenter, told the court he started using the powerful prescription painkiller a couple of years ago and his "addiction just started getting worse and worse."

Up until age 32, he had no criminal record. But since 2007, he has racked up eight convictions for uttering forged documents, possession of stolen property, failing to attend court and probation violation. He is also scheduled to be sentenced for four probation violations in Hampton court in October.

Although Craig was scheduled to go to detox at Ridgewood Addiction Services on Wednesday, Judge Alfred Brien decided to send him to jail. "There has to be a consequence for your actions," the judge said. But he urged Craig to attend Ridgewood at the end of his sentence.

"Good Lord, man. If you had run that car off the road and killed those two ladies, I don't think you'd be able to live with yourself. ... You'd better be aware just how serious your (drug) problem is."

The new legislation, which is being lauded by Mothers Against Drunk Driving (MADD), also imposes tougher penalties for all impaired drivers. Those caught driving under the influence of drugs or alcohol now face at least a $1,000 fine for a first offence, a minimum of 30 days in jail for a second offence and 120 days in jail if they are caught a third time.

The new law, part of the Conservatives' omnibus crime bill, also makes it harder for drivers to challenge breathalyser tests in court.