Lee Lowrie now has her truck back. (Contributed)

Lee Lowrie now has her truck back. (Contributed)

Nanaimo woman wins court challenge after RCMP breathalyze her at home

Woman served one while at sister’s Maple Ridge house

A lawyer who helped a Nanaimo woman who was given a roadside prohibition when she started drinking after getting to her sister’s home in Maple Ridge said police didn’t follow the right steps when arresting his client.

The police acted under changes to the Criminal Code made last December that allow police to make demands for mandatory breath samples.

“If police want to issue immediate roadside prohibitions, they need to do their jobs,” said Jennifer Teryn, with Victoria-based Jeremy Carr and Associates.

READ MORE: Impaired driving laws creates different classes of offenders, says B.C. lawyer

Teryn helped Lee Lowrie after the latter was given a roadside prohibition April 13, when Ridge Meadows RCMP telephoned her while she was at her sister’s home in Maple Ridge.

Lowrie had just had lunch and one drink in a local pub and had returned to her sister’s home and had two more beers as she was sitting in the back yard, Lowrie said.

“I had been home for well over two hours. It was a beautiful day, we were sitting at the pool. We weren’t going anywhere,” Lowrie said Thursday.

When police called, they told her they had some sensitive information to tell her and she thought they wanted to relay some bad news, Lowrie said.

When they arrived at about 6 p.m., they asked her to provide a breath sample into a roadside screening device, Lowrie said.

“I had been home for over two hours,” Lowrie said. “Five cops showed up. I didn’t think that many cops showed up for a murder scene. It was intimidating. They were all female cops, wouldn’t let me put two cents worth in.”

Lowrie was confused.

“They’re making it like I was drunk when I was driving and I wasn’t. I had one drink at the pub. I don’t drink and drive. I haven’t had a speeding ticket or parking violation in 25 years. I’ve never been in trouble with police,” Lowrie said.

They got her to wait in a police car, then issued her the prohibition, which suspended her licence for 90 days and impounded her truck for 30. Police called a tow truck and hauled away her 1992 Toyota 4X4, which she relies on for work.

Lowrie had asked to be able to provide a second breath sample, but wasn’t given the chance. That’s shown in a video she took while being put into the police car.

A second sample could have shown a lower alcohol reading.

“I was just shaking. I’d never experienced anything like this in my life,” Lowrie said.

She said she’d understand if police had followed her home and asked her to provide a breath sample.

The truck stayed impounded until May 7 and would have cost $1,000 to get out, had the prohibition not been reversed, Lowrie said.

Overall, the whole episode cost Lowrie about $3,500 in legal fees, processing fees, travel and lost holidays.

She still doesn’t know who called police.

“You don’t have to leave your name. If you want to screw with somebody’s livelihood … you just phone in your licence plate, you don’t have to leave your number or anything and they’ll just go over the person’s house and ruin their life,” said Lowrie.

The changes made in December 2018 to the Criminal Code have added the power to request mandatory breath samples, to that of requiring reasonable suspicion, in order to ask a motorist to provide a breath sample.

“The problem with the current state of the law is that Parliament has removed suspicion at all. So we’ve fallen … to a standard of absolutely no suspicion, that’s the problem,” Teryn said.

However, police can’t just show up hours later like they did, without any reasonable suspicion and make a mandatory alcohol-screening demand under the Criminal Code for the purposes of issuing an immediate roadside prohibition, Teryn said.

“None of this would have happened if the law hadn’t been changed.”

Requiring a mandatory breath sample can only be made if a person is in care and control of vehicle, according to the Ministry of Justice website.

But Teryn said police could still make a demand if they know approximately when someone was driving.

Teryn said, in her client’s case, the police said in their notes that Lowrie did not request a second test, when in fact, she had. Lowrie had the video to back that up and that’s why the prohibition was reversed, said Teryn.

Teryn made that case to the adjudicator who reviews roadside prohibitions and had Lowrie’s driving prohibition cancelled and all fees and charges reversed and her licence restored.

Ridge Meadows Sgt. Brenda Gresiuk said she couldn’t comment on the decision by the adjudicator because she didn’t have the details of the decision.

“Any time there’s new legislation, we apply the legislation to the circumstances. We work to the letter of the law. If legislation changes, we get the updated information, then we apply the law.”

ALSO READ: B.C. man, 30, arrested for driving his parents’ cars while impaired twice in one day

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

Just Posted

Pharmacist Barbara Violo arranges all the empty vials of the Oxford-AstraZeneca COVID-19 vaccines that she has provided to customers at the Junction Chemist which is an independent pharmacy during the COVID-19 pandemic in Toronto, on Monday, April 19, 2021. THE CANADIAN PRESS/Nathan Denette
B.C.’s 1st vaccine-induced blood clot case detected in Interior Health

Interior Health also recorded 52 new cases of COVID-19

(Kamloops This Week file photo)
Probe into TNRD spending taken over by federal police unit

Financial Integrity Sensitive Investigations Unit is now reviewing the case

RCMP crest. (Black Press Media files)
Stolen truck found broken down on Highway 97C, Williams Lake suspect arrested near Ashcroft

A security guard first noticed the truck, and thought it looked suspicious

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2021. THE CANADIAN PRESS/Darryl Dyck
57 new cases of COVID-19 in Interior Health region

Thirty people in the region are in hospital, 16 of whom are in intensive care

An alleged suspect in two Cache Creek crimes was caught on surveillance camera in April 2021,and police are hoping someone can identify him. (Photo credit: RCMP)
Alleged suspect in Cache Creek crimes caught on video

Police are hoping someone can identify man who is a suspect in two Cache Creek incidents

Protesters attempt to stop clear-cutting of old-growth trees in Fairy Creek near Port Renfrew. (Will O’Connell photo)
VIDEO: Workers, activists clash at site of Vancouver Island logging operation

Forest license holders asking for independent investigation into incident

Starting Tuesday, May 11, B.C. adults born in 1981 and earlier will be able to register for a vaccine dose. (Haley Ritchie/Black Press Media)
BC adults 40+ eligible to book COVID-19 vaccinations next week

Starting Tuesday, people born in 1981 and earlier will be able to schedule their inoculation against the virus

Parks Canada and Tla-o-qui-aht Tribal Parks dig the washed up Princess M out from sand along the south shore of the Pacific Rim National Park Reserve. (Nora O’Malley photo)
Rescue attempt costs man his boat off Pacific Rim National Park Reserve

Coast Guard response questioned after volunteer responder’s speedboat capsizes in heavy swells

Al Kowalko shows off the province’s first electric school bus, running kids to three elementary and two secondary schools on the West Shore. (Zoe Ducklow/News Staff)
B.C.’s first electric school bus making the rounds in Victoria suburbs

No emissions, no fuel costs and less maintenance will offset the $750K upfront expense

Road sign on Highway 1 west of Hope warns drivers of COVID-19 essential travel road checks on the highways into the B.C. Interior. (Jessica Peters/Chilliwack Progress)
B.C. residents want travel checks at Alberta border, MLA says

Police road checks in place at highways out of Vancouver area

Victoria police say the photo they circulated of an alleged cat thief was actually a woman taking her own cat to the vet. (Black Press Media File Photo)
Photo of suspected cat thief released by Victoria police actually just woman with her pet

Police learned the she didn’t steal Penelope the cat, and was actually taking her cat to the vet

The Canadian Coast Guard icebreaker Louis S. St-Laurent sails past a iceberg in Lancaster Sound, Friday, July 11, 2008. The federal government is expected to end nearly two years of mystery today and reveal its plan to build a new, long overdue heavy icebreaker for the Canadian Coast Guard. THE CANADIAN PRESS/Jonathan Hayward
Vancouver, Quebec shipyards to each get new heavy icebreaker, cost remains a mystery

Vancouver’s Seaspan Shipyards and Quebec-based Chantier Davie will each build an icebreaker for the coast guard

Findings indicate a culture of racism, misogyny and bullying has gripped the game with 64 per cent of people involved saying players bully others outside of the rink. (Pixabay)
Misogyny, racism and bullying prevalent across Canadian youth hockey, survey finds

56% of youth hockey players and coaches say disrespect to women is a problem in Canada’s sport

Most Read