Winnipeg woman alleges she was wrongfully charged after taking breathalyzer

[Thomas the Tank Engine]

A Winnipeg woman who was arrested for allegedly not taking a breathalyzer insists she did take the test

[Ryoken]

She seems to think if she had something to drink of not matters. It mattered when they was taking the test.. but rather than take it properly she played around and didn't do it right, and got charged with failing to provide a sample (USABLE Sample). This is fairly standard. Given that she was offered TWENTY FOUR chances, leads me to believe there's a little more to the story, and she's just trying to get out of a conviction.

[MikeChipshop Member]

I'd say it's likely she was doing the test in a way that made the officers suspicious. Of course we have no evidence for this so can't judge either way.

[chrisj1968]

I would say the cops had faulty equipment that couldn't get a reading. 24 times? I'd hope her defense lawyer can get her cleared and sue the cops. some cops are waaaaay out of line. if she was being cooperative, why the hassle?

[neufuse Veteran]

hold up, 24 times? common... in the USA if you didn't get a reading you'd be taken to the hospital for a blood test to get a reading if they suspected you of drunk driving. why didn't they do this up there in Canada?

[DocM]

hold up, 24 times? common... in the USA if you didn't get a reading you'd be taken to the hospital for a blood test to get a reading if they suspected you of drunk driving. why didn't they do this up there in Canada?

This. 24 negative field tests, no attempt at a blood test and still a charge? Ridiculous.

[Ryoken]

You'll find lots of people, especially those who think they are smart, will take the test but now blow hard enough.. ergo you take the test but it's not usable as it won't give a report.. I think the Cop gave her 24 chances to get her act together and finally said enough. As was said, in Canada we don't have to take them for a blood test. In fact at this point she could prove beyond all doubt that she was sober and has never had a drink in her life, it wouldn't help her. The charge might be equivalent to blowing over the legal limit, but it has nothing to do with actually being over it. It has to do with not taking the test properly.

 

Also, DocM, they were not NEGATIVE test. They were tests that didn't give a result. The causes for no result is faulty equipment (Unlikely, they are tested regularly, and I'm sure it'll be tested again), not blowing/hard enough into the device, and as an offshoot to that one, a medical reason you couldn't. She has no medical reason. I doubt they will find fault with the equipment. She was probably being a smartass thinking she knew better than the law and would pretend to blow but not hard enough to get a reading and waste everyone's time. Cop had enough, and now she's screwed. Either she was doing it just to be a smartass, or because she was in fact over the limit.. either way.

 

 

btw, I have seen people do this sort of nonsense. And then, as now, once the cop gets tried of trying to get a yes/no on them being drunk, they get this same charge. Normally WAY before 24 times.. (generally 3-5 attempts and the cop arrests them and throws them in the back of the car). None of this is new, or out of line. 24 seems excessive, but she could have been feigning dumb blonde or something and the cop just kept giving chances. You'll see people do this in hopes of just getting a warning (almost never happens), other times it'll be people that CAN'T get a drunk driving charge (for insurance/job security) and this charge is easier to explain away than an actual DUI, and one in a while it's some dumbass who saw Law and Order once, assumed they know the law, and is about to get schooled.