MOUNTAIN VIEW COUNTY – RCMP officers in the district are well within their rights to insist on compliance with legal breath demands made to motorists, regardless of the reason for the traffic stop or the time of day, Mountain View council heard June 11.
Sundre RCMP interim detachment commander Cpl. Courtney Harding and Olds RCMP Cpl. Leif Svendsen appeared before council on June 11 to present recent crime statistics and to discuss policing issues with council.
Division 7 councillor Jennifer Lutz said she has heard from Olds residents voicing concerns about some early-day traffic stops in town.
She said some drivers have told her they are “getting pulled over for breathalyzers at, like, 10 and 11 (in morning). I think they are feeling that it is maybe not the best use of resources because most people don’t drink at 10 – I’m sure you get the odd one – but people who are complaining to me wouldn’t be.
“And hearing that some (residents of) old-folks homes, that are still driving, a lot of seniors ... are getting more fearful of the RCMP because we’ve had a lot of seniors stops as of late and that is spreading like wildfire. Issues with increased enforcement, I guess, is being noted.”
In response, Cpl. Svendsen said, “When it comes to traffic enforcement and road-side interactions ... I guess your concerns are about mandatory alcohol screening, breathalyzing, is that correct?”
Lutz said, “Yes. Odd times of day and noticeably more stops that are seeming to be more random. I’m sure there is a reason that you are pulling people over and they are not just understanding it, but we do have a lot of older drivers in Olds and I’m hearing about it.”
In response, Svendsen said, “With respect to the stop itself, I can’t speak for the individual members who are pulling individual over on the road, but I will say I guarantee they have a lawful purpose and they are authorized to do it if it might be a blown stop sign or a burnt-out headlight or something a little more significant. I will say that they are doing it for the right reasons.
“When it comes to the mandatory alcohol screening (MAS) ... it has been in place since December 2018 and what it is federally mandated, it’s not just in the province of Alberta or the town of Olds for that matter. It is a preventative measure to deter impaired driving.”
Officers do not need to have a suspicion of impaired operation of a motor vehicle to make a breath demand, he said.
“If the member administers the demand with the approved screening device, then the driver is complete and obligated to provide a sample,” he said. “It doesn’t have to be done but it can be done.”
Lutz asked what the protocol is for drivers who may have COPD or other breathing difficulties.
“If they are having problems blowing because they physically can’t, what is your protocol?”
In response, Svendsen said, “It doesn’t take that much volume of air to actually register a suitable sample of their breath. When it comes to personal circumstances, with COPD with seniors, I completely understand the concern.
“The members may use discretion and depending on the circumstances of the individual, but all I can say is that it is law and a refusal is the same as operating while impaired. The punishment is the same if you blow over or if you refuse.
“Case by case, if there are issues with lung capacity and whatnot, I’m certain that the members will take that into account.”
Council accepted the RCMP delegation appearance as information.
