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RCMP try to set the record straight after Cranbrook senior fined for failing to blow on breathalyzer

Contributor
By Contributor
January 13th, 2012

In a recent Vancouver Sun article, the reporter wrote a story about an 82-year-old motorist in Cranbrook who was alleging she was treated unfairly by the RCMP with respect to being stopped for suspected impaired driving and refusing to provide a breath sample.

Some other media outlets picked up this story. 

Unfortunately, the writer did not ask for comment from the RCMP, or check any facts beyond speaking to the motorist.

Supt. Ray Bernoties, Officer in Charge of the “E” Division Communications, would like to respond to the allegations.
 

Had (RCMP) had a chance to respond, we would have been able to share facts that we believe the public deserve to know.

The motorist was initially stopped by an off duty member who observed her driving down the wrong side of the street.

An on duty member was called who requested a breath sample from her based on several factors, including the driving evidence and an admission that she had been drinking earlier.

Numerous attempts to gain a useable breath sample were unsuccessful and she was issued an Immediate Roadside Prohibition for refusing to provide a sample. 

Some members of the public attempt to thwart the ASD (Approved Screening Device) by blocking the tube with their tongue, or breathing air in rather than blowing air out. In this case, members observed both of these techniques.

While lawfully detained during this process she was allowed access to her home to both use the washroom and to get a drink of water.

When she attended the RCMP detachment in the following days and provided evidence of her blood sample from hours later that evening, a calculation was done and it was determined that had a breath sample been provided, the ASD would have registered either a ‘Warn’ or a ‘Pass’ reading but would not have read a ‘Fail’.

She was supported by the RCMP in filling out the forms necessary to file an appeal and given a letter supporting her request.

The Officer in Charge of the detachment offered to pay her $200 filing fee, an offer, which still stands.

With respect to how she feels she was treated that night, a public complaint was immediately initiated and the actions of everyone involved are being investigated.

She will be provided the results of that investigation when complete.

Regardless of the age of the person driving the vehicle, impaired driving kills people. Our members, including an off duty member, took action in an effort to keep people safe. The RCMP is exploring her allegations about how she was treated.

Everyone deserves to be treated with respect and, in cases where allegations are made to the contrary, we must speak to all involved – just as a reporter should before he writes his article.
 
Read the full Vancouver Sun story at:
http://www.vancouversun.com/news/Sober+senior+fined+failing+blow+breathalyzer/5976530/story.html

Categories: Crime

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