New federal legislation that took effect in December allows police to demand a breath sample from any driver they lawfully stop. (File photo by THE CANADIAN PRESS)

B.C. woman, 76, challenges alcohol-screening laws after failing to give breath sample

Norma McLeod was unable to provide a sample because of her medical conditions

A 76-year-old Victoria woman is challenging Canada’s mandatory alcohol-screening laws after she was unable to provide a roadside breath sample.

Norma McLeod left a liquor store on Feb. 14 near Hillside Mall when she was stopped by an officer on the sidewalk and asked to provide a breath sample, according to her lawyer, Jerry Steele.

After her ninth failed attempt to provide one, Steele said the officer impounded her car and suspended her licence for three months, costing her $2,800 in fees.

McLeod suffers from lung disease and previously had mouth cancer, which prevented her from blowing into the screening device long enough to register a reading.

On April 18, her lawyers filed a petition trying to clear her name, arguing the mandatory alcohol-screening laws are unconstitutional.

“We’re not attacking the police’s right to ask for people to provide a breath sample,” Steele told Black Press Media. “What we’re doing is we’re attacking the right for the police to do that with no grounds or suspicion whatsoever.”

The laws, which came into effect in December, allow police officers to demand a breath sample “without reasonable suspicion that the driver has alcohol in their body.”

READ MORE: Stricter drunk driving laws to take effect across Canada today

Previously, officers needed a “reasonable suspicion” to ask for a breath sample, which Steele said can mean admission by the driver, or the odor of liquor from the car or the driver’s breath.

“It was so low to begin with. This is just excessive,” he said, referring to the threshold an officer can demand a sample.

Since McLeod’s case has gone public, Steele said several other people have come forward with similar experiences.

No response to the petition has been filed in court.



joti.grewal@bpdigital.ca

Like us on Facebook and follow us on Twitter

Just Posted

Big White firefighters rescue frozen dog from ice

The fire crew found a dog stuck in the at Lake Paul on May 20

Kelowna Blues repeat as touch football champions

The Kelowna Blues won the 39th Annual Maybowl Western Canada Touch Football Tournament

Former Kelowna hockey player dies after battle with ALS

Mitch Wilson was born in Kelowna and was 57 when he died

Toddler sustains serious injuries after falling from Rutland balcony

RCMP are investigating after a two-year-old boy fell from the balcony of an apartment on May 18

Killer of Calgary mother, daughter gets no parole for 50 years

A jury found Edward Downey guilty last year in the deaths of Sara Baillie, 34, and five-year-old Taliyah Marsman

Update: Plan to see more smoke from South Okanagan wildfire

Richter Creek wildfire, 12 kilometres west of Osoyoos, is an estimated 400 hectares

Crackdown on money laundering does not include federal public inquiry: minister

An independent report commissioned concluded $7.4 billion was laundered in B.C. last year

Trudeau’s action plan on climate change brings B.C. politician out of retirement

Terry Lake, a former B.C. health minister, is running for federal office in Kamloops-Thompson-Cariboo

Survey finds minimal progress in Canadian military’s fight against sexual misconduct

1.6 per cent of regular-force members — 900 military personnel — reported having been victims of sexual assaults over past year

Okanagan woman hopes to bring attention to high number of medical errors in Canada

Retired nurse requires over 300 signatures for petition with June 13 deadline

Raptors beat Bucks 120-102 to even series at 2-2

Lowry pours in 25 as Toronto moves within two games of NBA Finals

Body of missing snowmobiler recovered from Great Slave Lake

Police confirm the body is that of one of three missing snowmobilers

North Okanagan tests out two $10/day childcare sites

Katrine Conroy came to Vernon to tour universal child care prototype sites, including the one at Maven Lane

Most Read