Are supervisors able to assess impairment? Drug driving decision suggests so

By Adrian Miedema

A recent Ontario decision suggests that laypersons — such as supervisors — may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings.

In a ‘drug driving’ case, a driver was found guilty of driving while impaired by marijuana. A police officer approached his vehicle and observed him as having bloodshot, glassy eyes and the smell of marijuana was coming from the vehicle. The driver’s pupils were dilated. The driver admitted to having smoked a ‘J’ approximately two-and-a-half hours earlier. He was taken to a police station where another officer, a ‘drug recognition evaluator’, observed him and performed certain physical and other tests, and concluded that he was impaired…

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