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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Sunken Gardens bloom from deeply seeded efforts

Garden club members are rooted in dedication

COVID-19 highlights lack of connectivity in First Nations communities

Many don’t have access required to utilize online platforms, says First Nations Technology Council

Salmon closures announced for Skeena and Nass watersheds

DFO notice expands on May 21 chinook ban throughout Skeena watershed

City to request conservation officer

Predatory wildlife appear to be bolder

11 new COVID-19 cases in B.C. as top doc urges caution amid ‘encouraging’ low rates

Dr. Bonnie Henry also announced that two care home outbreaks would be declared over

Surrey mayor’s party under fire for ‘sickening’ tweet accusing northern B.C. RCMP of murder

Mayor Doug McCallum says tweet, Facebook post ‘sent out by unauthorized person’

Father’s Day Walk Run for prostate cancer will be virtual event this year throughout B.C.

The annual fundraiser for Prostate Cancer Foundation BC has brought in $2.5 million since 1999

Dr. Bonnie Henry announces official ban on overnight kids’ camps this summer

New ban comes after talking with other provincial health officials across the country, Henry says

VIDEO: NASA astronauts blast off into space on SpaceX rocket

Marks NASA’s first human spaceflight launched from U.S. soil in nearly a decade

Introducing the West Coast Traveller: A voyage of the mind

Top armchair travel content for Alaska, Yukon, BC, Alberta, Washington, Oregon and California!

‘I knew what he wanted’: Kootenay man spends hours in tree as black bear patrols below

Francis Levasseur is no stranger to the outdoors, but a recent run-in with a bear caused quite a scare

PHOTOS: U.S. cities brace for increasing unrest over police killing of George Floyd

Minnesota Gov. Tim Walz has fully mobilized the state’s National Guard

$200,000 Maybach impounded after ‘L’ driver caught excessively speeding in Vancouver

Meanwhile, the supervisor sat in the passenger seat, police said

Most Read