A Vernon woman says her grandmother's car was impounded and she was ticketed because she was unable to provide a breath sample due to her lung condition.
Lynn Morel says her 73-year-old grandmother Yvonne Lebedoff was at the Vernon Army Navy Air Force Club last Friday "to enjoy music, friends and two cans of Diet Pepsi, as she often does."
The three-time cancer survivor left about 9:30 p.m., and decided to head home to Armstrong.
"She turned right onto 27th Street and stopped at a red light," says Morel.
But, after going on the green, an unmarked police car "lit up and pulled her over."
Lebedoff asked why she was pulled over, but wasn't given an answer, Morel claims.
Asked to take a breathalyzer, her grandmother "told the officer she has an obstructive breathing issue and she tried up to eight times to get a reading, and all of them had no result.
"The officer then gave her a fine for refusing to take a breathalyzer (and) her car is now impounded for 90 days and licence suspended."
Morel says the officer told her to take a cab home, but her grandmother couldn't afford one, so an unmarked police car was called to take her home.
Morel says after her grandmother told her about the incident, they went to the courthouse and Service BC office and were given forms to seek an advocate.
However, they were told it would cost $200 to secure an advocate for her case.
Morel says her grandmother is on a fixed income and the fee is one more hardship, but they are disputing the ticket, with an oral hearing scheduled for next week.
Morel says her grandmother has obstructive sleep apnea plus multiple nodes on her lungs after radiation treatment for breast cancer in the 1990s.
She says Lebedoff hasn't drank alcohol in over 14 years.
"None of this should have happened. She's now trapped at home, unable to go anywhere ... She didn't fail the test, she just wasn't able to do it."
She feels the officer could have "done more" to ascertain Lebedoff's health condition and if he felt she was impaired had her taken to the hospital for a blood test.
"She hadn't been pulled over her entire life."
Cpl. Mike Moore with the BC Highway Patrol couldn't provide details on the file, but did say in an email that under the Criminal Code an officer can require the operator of a motor vehicle to provide breath samples to ascertain if they are impaired in any way.
He acknowledged that medical issues can and do arise.
"If the officer proceeds to obtain a breath sample roadside and multiple attempts are not successful, then one option under the BC Motor Vehicle Act is to proceed by way of a 90-day immediate roadside prohibition for failing or refusing to provide a breath sample."
If the officer chooses this course of action, they have to complete a detailed report to submit to the Superintendent of Motor Vehicles, says Moore.
This includes a section for information as to whether or not the accused provided any medical indication as to why they could not provide a breath sample.
"The accused then has the right to challenge the suspension, and it may then be overturned upon successful appeal."
Under the Criminal Code, "if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to take one," blood samples may be taken by a qualified practitioner.
"The onus will be on the officer to provide the details as to why they felt that the person was indeed capable of providing a proper sample," said Moore.
