An 82-year-old Cranbrook ... stone-cold-sober pensioner with poor lung capacity was unable to blow hard enough to activate the roadside screening device, Margaret MacDonald was cited for failing to blow, her licence was suspended, she was fined $500 and her car was towed.
Old but no fool, she quickly went to the local hospital where she had her blood tested for alcohol and obtained a medical certificate that said there was none — zero, nada — in her system.
... the Superintendent of Motor Vehicles adjudicator still found her guilty under the province’s controversial drunk-driving laws.
... MacDonald estimated she was forced to stand for nearly an hour in the middle of the cul-de-sac in the glare of the cruiser’s headlights, her neighbours watching from their windows.
... she maintained [a senior RCMP officer] roughly grabbed the roadside screening unit, inserted it in her mouth and sharply ordered her to blow.
“I could not blow at all,” she said. “... the senior RCMP banged his fist on the squad car and shouted at me: ‘Blow, blow … Your tongue is in the tube. You are doing this on purpose. You are slurring your words. You are drunk. I can smell alcohol on you.’ I said, ‘I don’t drink.’ He barked: ‘They all say that!’”
.... Her attempt to seek redress in B.C. Supreme Court was put on hold late last year because the drunk-driving provisions were already under review.This is an example of what happens when you combine draconian laws with poor police judgement and an insular state bureaucracy. But Bravo! to Margaret MacDonald for standing her ground and fighting back.