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

Abbotsford wasting time and money on ‘invalid’ surveys, UFV math prof says

Statistician says city can’t claim quality of life survey reflects opinions of Abbotsford residents

Homegrown star signs with Fraser Valley Bandits

Marek Klassen was BC Provincial Player of the Year during Yale championship year

Abbotsford students create ‘Character Matters’ website and video

Project started by Grade 6 class at Eugene Reimer Middle School

Abbotsford man cleared of drug and weapons charges for second time

Navpreet Dhaliwal acquitted of four charges less than a year after previous offences dropped

Bruce Banman to seek Abbotsford South BC Liberal nomination

Former Abbotsford mayor was elected as a councillor last fall

BREAKING: Court says B.C. can’t restrict oil shipments in key case for Trans Mountain

A five-judge Appeal Court panel agreed unanimously that B.C.’s proposed legislation was not constitutional

RCMP probe hit-and-run of Richmond senior

The man, who is in his mid-70s, was walking with his wife when he was allegedly struck

More than half of Canadians support ban on handguns, assault rifles: study

Divide between rural and urban respondents in latest Angus Reid Institute public opinion study

Coquitlam crash kills one person, injured two others

Investigators with the RCMP criminal crash unit are working to determing the cause of the incident

Vancouver man in serious condition after crash between motorcycle, transport truck

The man, 40, remains in hospital after a Thursday collision. Police believe speed was a factor

Spring rain needed as B.C. sees one of the lowest snowpack levels in 40 years

Snowpack levels in B.C. recorded on May 15 were similar to those in 2015 and 2016

Theresa May to quit as party leader June 7, sparking race for new PM

The new Conservative leader will become prime minister without the need for a general election

B.C. man who fell off cliff returns there to rescue eagle from vulture attack

Nanaimo’s James Farkas, who broke his hip in a fall, saves eagle on same beach months later

Raptors beat Bucks 105-99 to move within 1 game of NBA Finals

Leonard scores 35 as Toronto takes 3-2 series lead over Milwaukee

Most Read