Cranbrook senior fighting RCMP over charges
Posted on 12. Jan, 2012 by Chris Shepherd in Cranbrook |
The RCMP pulled Margaret MacDonald, 82, over eight months and demanded a breathalyzer test. She couldn’t blow hard enough because of a medical condition and so she’s facing a charge of failing to provide a breath sample among other charges, reports Barry Coulter for the Cranbrook Daily Townsman.
Photo source: davidsonscott15, Flickr, Creative Commons.
The senior has gone through an eight-month legal maze ever since. Immediately after the incident MacDonald went to the hospital and got a blood test that showed her alcohol level was zero.
As of now she is waiting to see what will happen. But she is determined to continue to fight to have her name cleared and the thousands of dollars in costs recouped.
“I can’t be out thousands of dollars like that, for something I’m not guilty of,” she said. “I’m on a fixed income. I moved to Cranbrook because living is cheaper, and because it’s a more stress-free life.” MacDonald laughed as she said that.
Source: Cranbrook Daily Townsman
Read about MacDonald’s ordeal the night she was stopped – it took almost three hours of waiting on the street with the RCMP – at the Cranbrook Daily Townsman.
UPDATE
The RCMP have responded to this story, which doesn’t interview the RCMP, a valid concern. Below is the email the RCMP sent out to the media today. The two sides of the stories are quite different.
Setting the Record Straight in Cranbrook
Recently a writer with The Vancouver Sun 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.
Had we 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 is 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. We are 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.
5 Responses to “Cranbrook senior fighting RCMP over charges”
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They say the truth lies somewhere in the middle but with recent history of the RCMP in terms of truthful and honest communication, I find their press release self serving. It employs the innuendo and smoke we have come to expect and is, in effect, a defense of their actions. Next, they’ll be saying she had a stapler with a full clip and the safety off.
I’m going with Margaret’s version of events here. She does have a blood test saying she had a 0 blood alcohol level. How does a calculation take 0 and turn it into a warn/pass or any meaningful number other than 0? You don’t have to be a math wiz to know it’s impossible unless you make a lot of assumptions and then it’s not a calculation, it’s a guess, and a poor one at that.
On a positive note, at least they didn’t tazer her.
You and your silver linings, @junior.
Beware of any older woman with a red Swingline, my friend. Beware.
Is that the voice of experience talking, Jim?
Got the scars to prove it. I have some old puncture wounds also.