Legislative Electronic Publications -- Manitoba To Seize And Sell Vehicles Driven By Impaired Drivers

Manitoba Government News Release:
Information Services, Room 29, Legislative Building, Winnipeg, Manitoba R3C 0V8 Telephone: (204)
945-3746 Fax: (204) 945-3988

December 02, 2002

MANITOBA TO SEIZE AND SELL VEHICLES DRIVEN BY IMPAIRED DRIVERS
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Tough, New Law Now in Effect: Mackintosh

For the first time in Canada, vehicles driven by impaired drivers may be permanently forfeited, seized and sold under a tough new law that takes effect today.

The change to the province’s Highway Traffic Act was announced today by Attorney General Gord Mackintosh, minister responsible for Manitoba Public Insurance, and Transportation and Government Services Minister Scott Smith.

The ministers made the announcement as the Winnipeg Police Service kicked off its annual Checkstop campaign and Mothers Against Drunk Driving’s Winnipeg chapter launched its annual Red Ribbon campaign honouring people killed by impaired drivers.

"Boozing and cruising are a deadly mix, yet some people still don’t seem to understand the profound risk of driving while impaired," said Mackintosh. "This legislation puts it in terms that are easily understood. If you drive while impaired, you have a lot to lose, including your vehicle."

"Whether it’s a car, a snowmobile, an ATV or a dirt bike, the province is drawing the line at safety," said Smith. "Drivers who drink forfeit the vehicle they control under these provisions. There’s no excuse for endangering others by indulging yourself before getting behind the wheel."

The forfeiture provisions now in effect allow for vehicles used in serious Criminal Code offences to become the property of the province. Vehicles will be sold if the offender is convicted. Proceeds will be used in covering the costs of the initiatives.

The act applies to first-time offenders when death or bodily harm results from a crime involving a vehicle, including:

impaired driving causing bodily harm or death;

manslaughter;

criminal negligence causing bodily harm or death;

dangerous operation of a vehicle causing bodily harm or death; and

flight from police causing bodily harm or death.

It also applies to any third or subsequent Criminal Code driving offence committed within five years. Those offences include:

driving while impaired;

driving with a blood alcohol level over .08;

refusing to supply a breath or blood sample;

driving while disqualified;

dangerous operation of a vehicle;

flight from police; and

failure to stop at an accident.

The "You Lose" public awareness campaign has been re-launched and updated to include references to these changes and will be running again this holiday season.

"Long after the tinsel and the trees have been put away for the season, however, this legislation will remain in effect to keep our roads safer," said Smith.

"These measures join a series of consequences that are among the toughest in the nation. We’re determined to drive home the message that driving while impaired simply isn’t worth the cost," said Mackintosh.

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BACKGROUND

CONSEQUENCES OF IMPAIRED DRIVING

A driver who had been drinking was involved in a traffic accident. Fault was unclear. Damage to the driver's vehicle was $2,000 and the other vehicle had damage amounting to $5,000. Aside from injury or death, here are the consequences that the driver could face:

	1^ST Offence	2^nd Offence	3 or More Offences
UPON ARREST:
Roadside licence suspension for driving at .05 or over .05	24 hours	24 hours (alcohol assessment for two in three years)	24 hours (alcohol assessment for two in three years)
Vehicle impoundment	30 days (.16 or less) 60 days (over .16 or refusal)	90 days or 180 days (over .16 or refusal)	90 days or 180 days (over .16 or refusal) plus 60 days each additional offence.
Impoundment fees for driving over .08 or refusal	$400 - $700	$950 - $1,750	$950 - $1,750 plus $550 for each additional offence.
Administrative licence suspension (after 7 days)	3 months	3 months	3 months
AFM assessment	$300	$300	$300
Re-licensing fee	$40	$40	$40
UPON CONVICTION (impaired driving, over .08 or refusal):
Legal Fees – Guilty plea	$500 -$1,000	$500 -$1,000	$500 -$1,000
Legal Fees – Trial	$1,500 -$2,500	$1,500 -$2,500	$1,500 -$2,500
Criminal record	Yes	Yes	Yes
Sentence	Minimum $600 fine (plus $90 surcharge) or jail	Mandatory jail time	Mandatory jail time
Jail time	Up to 6 months (summary (S)) Up to 5 years (indictment (I))	Minimum 14 days up to 6 months (S) up to 5 years (I)	Minimum 90 days up to 6 months (S) up to 5 years (I)
Vehicle Forfeiture	Possibly	Possibly	Definitely
Criminal Code Driving Prohibition	Minimum 1 year maximum 3 years	Minimum 2 years maximum 5 years	Minimum 3 years no maximum
Licence suspension (impaired/over .08)	1 year	5 years	10 years for 3^rd life for 4 or more
Licence suspension (refusal)	2 years	7 years	10 years for 3^rd life for 4 or more
Re-licensing fee	$40	$40	$40
Demerit points on licence and surcharge	10 points - $300 to a maximum of $999 (after suspension)	10 points -$300 to a maximum of $999 (after suspension)	10 points - $300 to a maximum of $999 (after suspension)
Loss of injury income replacement benefits	1 year (if responsible for accident)	1 year (if responsible for accident)	1 year (if responsible for accident)
Loss of vehicle insurance coverage	Only $500 if not at fault (loss of $1,500) No coverage if at fault (full $2,000 loss)	Only $500 if not at fault (loss of $1,500) No coverage if at fault (full $2,000 loss)	Only $500 if not at fault (loss of $1,500) No coverage if at fault (full $2,000 loss)
Impact on car insurance of loss of 25% discount	$500 to $1,000 (depending on value of vehicle premium)	$500 to $1,000 (depending on value of vehicle premium)	$500 to $1,000 (depending on value of vehicle premium)
Accident surcharge if at fault for collision	$200 to $1,200	$200 to $1,200	$200 to $1,200

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