The Police had ZERO proof that she was intoxicated. Did they even bother with a field sobriety test or was it just easier to charge her, suspend her and tow her car?
sorry to interupt your rant but...
That was all for failing to provide a brealthalyzer sample. Not a DUI.
Soooo she wasn't able to provide a breath sample...Did the cops offer her to give a blood sample to see what her BAC was? It would have been simple for them to leave her car, drive her to the hospital and get the blood drawn.
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Quote:
Originally Posted by calgaryblood
Looks like you'll need one long before I will. May I suggest deflection king?
Soooo she wasn't able to provide a breath sample...Did the cops offer her to give a blood sample to see what her BAC was? It would have been simple for them to leave her car, drive her to the hospital and get the blood drawn.
Why would they do that? They did what the law required to do their jobs and we (the public) have the harsh impaired driving laws we want.
That was all for failing to provide a brealthalyzer sample. Not a DUI.
It's the same thing as far as legal ramifications. Failure to provide = DUI. DUI lawyers advise that you do provide a sample - it's easier to fight a DUI than a "refusal to provide". The penalties and insurance ramifications are the same.
Why would they do that? They did what the law required to do their jobs and we (the public) have the harsh impaired driving laws we want.
Because she has a medical condition that prevents her from being able to use the device properly? Instead of being jerks they could have actually believed that this almost 90 year old was telling the truth about her medical condition and given her a blood test if they thought she was wasted.
I understand that you are saying the new laws are out of bounds so to speak, and I agree...But I was actually asking a serious question. Is it within the law and her rights to request a blood sample instead of blowing?
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Quote:
Originally Posted by calgaryblood
Looks like you'll need one long before I will. May I suggest deflection king?
Related recent cop story, didn't know where to post it, also made me mad.
TL;DR: Officer punches a special needs woman in the face, veteran catches it on his cellphone camera. Officer tries to extort camera and cover up incident, fails.
I don't understand how someone who is incapable of blowing into a roadside device can be charged with failure to blow.
I don't understand how a court could uphold that conviction, especially when the accused went on her own accord to the hospital right away to have a blood test, a more intrusive test done to prove her innocence.
I don't understand why an appeal would be denied.
I don't know what happened between when the off duty officer telling the accused she phoned her in, and when the police actually showed up.
I wonder what would have happened if the old lady pulled out a bottle of hard liquor and chugged it on her front lawn. Obviously she'd fail a breathalyzer, but it's not illegal to drink on your own property. How can you prove beyond a reasonable doubt she was drunk while driving?
Other than how the RCMP allegedly treated the elderly lady, it doesn't appear they did anything "wrong". I'd assume the drinking & driving laws in BC are like they are out East, zero tolerance, meaning that the police don't have any leeway with regard to charging. Meaning if an elderly person is incapable of blowing into the roadside device, they failed the blow, and thus must be charged according to the letter of the law that they do not have any discretion over enforcing.
Based solely on the article posted above, it seems to me the courts failed here, and the legislature for not accommodating a situation such as this, not the RCMP.
__________________ "Calgary Flames is the best team in all the land" - My Brainwashed Son
Police are damned if they do and damned if they don't.
I love how people are so quick to judge officers who end up in the news because they may have done something that the public doesn't agree with but may very well have been within their protocol.
For once I would like to see stories about officers going above their call of duty, which I'm sure happens much more than not doing their duties to the publics liking, but hey that wouldn't be good reading now would it
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Other than how the RCMP allegedly treated the elderly lady, it doesn't appear they did anything "wrong". I'd assume the drinking & driving laws in BC are like they are out East, zero tolerance, meaning that the police don't have any leeway with regard to charging. Meaning if an elderly person is incapable of blowing into the roadside device, they failed the blow, and thus must be charged according to the letter of the law that they do not have any discretion over enforcing.
They followed the "letter" of the law, but definitely not the "spirit" of the law. They used a technicality to massage their own egos. This is what happens when you take away an officer's ability to use discretion.
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Related recent cop story, didn't know where to post it, also made me mad.
TL;DR: Officer punches a special needs woman in the face, veteran catches it on his cellphone camera. Officer tries to extort camera and cover up incident, fails.
Punk cop gets owned by a hero. Awesome.
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I for one am disgusted. you'd think that one of the three cops would be able to exhibit some sort or common sense and then if not them, perhaps the prosecutor or judge. this to me appears to be the case of one bully backing up another, backing up another. all on an 82 year old women, with indisputable proof of her lung condition and sobriety. whats our society coming too? and these cases should be exposed, these cops and prosecutors are given a lot of responsibility and power, they need to be held accountable when they abuse it. and yes, i do think in this case it was abused. how anyone can stick up for the cops in this case is beyond me. I hope your 82 year old grandmother or mother don't get railroaded some day by the cops and then the legal system that's supposed to be there to uphold justice.
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I for one am disgusted. you'd think that one of the three cops would be able to exhibit some sort or common sense and then if not them, perhaps the prosecutor or judge. this to me appears to be the case of one bully backing up another, backing up another. all on an 82 year old women, with indisputable proof of her lung condition and sobriety. whats our society coming too? and these cases should be exposed, these cops and prosecutors are given a lot of responsibility and power, they need to be held accountable when they abuse it. and yes, i do think in this case it was abused. how anyone can stick up for the cops in this case is beyond me. I hope your 82 year old grandmother or mother don't get railroaded some day by the cops and then the legal system that's supposed to be there to uphold justice.
What proof was this? I didn't see this in the posted story. How are the cops supposed to know this at the time they're giving the breathalyzer? I agree that the cops didn't act with any kind of class, but anybody could claim they have a lung condition as a way of avoiding the breathalyzer test.
I understand that you are saying the new laws are out of bounds so to speak, and I agree...But I was actually asking a serious question. Is it within the law and her rights to request a blood sample instead of blowing?
I'd like an answer to this too. My brother-in-law is allowed to drive, but with his lung condition there's no way he'd be able to breath effectively into a breathalyzer. Is it illegal to request providing a blood sample in lieu of a breath sample?
What proof was this? I didn't see this in the posted story. How are the cops supposed to know this at the time they're giving the breathalyzer? I agree that the cops didn't act with any kind of class, but anybody could claim they have a lung condition as a way of avoiding the breathalyzer test.
Anybody could claim they have a lung condition as a way of avoiding the breathalyser, but it's pretty hard to fake being 82 years old. I think that's where common sense ought to come into things.
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