Cindy Thompson says she almost never drinks, but smokes a pack a day despite a longstanding breathing problem that hadn’t yet been diagnosed on the day her legal troubles began.
The charge was withdrawn when prosecutors saw medical evidence she had COPD, a chronic lung disease, and her licence suspension was overturned in September. The officer asked Thompson to extinguish her cigarette, and read out a mandatory breath demand. Thompson told the officer she hadn’t had a drink in years . She tried to blow nine times, but an error message of insufficient flow kept coming up. Thompson told the officer she was nervous. She tried walking around and took deep breaths to relax herself, but it didn’t help.
Although police have always had to use discretion in giving roadside breath tests to people with lung conditions, two things are different under mandatory screening, which took effect on Dec. 18, 2018. But there are documented cases similar to Thompson’s. Norma McLeod, a 76-year-old Victoria woman with COPD and a mouth implant, was accused of refusing a breath test in February 2019 and had her licence suspended and car impounded — all despite zero evidence of drinking. Her initial appeal was rejected, but it has since been granted.
Though I appreciated PM JustinTrudeau appointing JWR as AG-she was ill equipped, unprofessional, unethical and ultimately an embarrassment. Being First Nations doesn’t give her a pass either! Aho! JWRisaJOKE VanGran Indigenous FirstNations Cdnpoli
I’m aware of a stop that happened years ago. The accused was driving the speed limit, signalled properly and obeyed every traffic law. The police said they stopped him because he was “driving too perfectly”.
'the officer responded that people with COPD and lung cancer have blown successfully.” Now they think they can provide medical assessments! This is another example of the lack of professionalism demonstrated by a national institution that Canadians historically were proud of!
This is a serious issue. For someone to demand you provide a breath test or, for that matter, have you conduct any form of test they should be able to provide reasonable grounds for doing so. 'These cases are rare;' I don't care. These should not be occurring in the first place.
Great opportunity for an innovator to come up with a new type of test that does not require blowing into a 20th century device.
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