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Nanaimo woman wins legal fight over drinking and driving (Times Colonist)

They used the mandatory screening demand inappropriately. They were wrong to do it, but they believed they were lawfully entitled to do it.

Jennifer Teryn, Lawyer

“Fortunately, Lowrie video-recorded her interaction with the officers, said Teryn.

In a report to the Office of the Superintendent of Motor Vehicles, a police officer alleged that Lowrie was slurring her words.

“Her speech is not slurred at all. The video shows that,” said Teryn.

The police report also indicates Lowrie did not make a second request to blow into the screening device, which Teryn said is not true, as the video shows.

“That’s a lie and we know it’s a lie because there’s video evidence to prove this and the video was submitted to Road Safety B.C. with all my written submissions,” said Teryn. “Lee very explicitly asks for a second test on the video.”

The police provided false evidence, she charged.”

“They used the mandatory screening demand inappropriately. They were wrong to do it, but they believed they were lawfully entitled to do it,” said Teryn.

Lowrie hired Teryn, who was successful in getting the IRP revoked. “I was drinking at home. I didn’t do anything wrong. I’m totally innocent,” said Lowrie. “My rights were being challenged. At this point, we’re guilty until proven innocent. I felt intimidated, violated, and I’ve never had a problem with police. I’m a law-abiding, tax-paying citizen.””

Louise Dickson, Times Colonist

Full article available on TimesColonist.com.

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