Woman from Calgary who declined a breathalyzer test insists she's never consumed alcohol
In a recent turn of events, Pam Lacusta, a resident of Calgary, found herself in a legal predicament after being charged with an Immediate Roadside Sanction Fail (IRS Fail) for her inability to provide a breathalyzer sample.
The incident occurred on 114th Avenue near Stoney Trail S.E., on April 24, at approximately 11:30 a.m., when Lacusta was pulled over for speeding by a police officer. Despite her clean record as a member of the Church of Jesus Christ of Latter-Day Saints and her lifelong abstinence from alcohol and drugs, Lacusta was unable to provide a breath sample.
Following the incident, Lacusta was charged and her license was suspended for 90 days, and her vehicle was impounded for 30 days. The next day, she called a lawyer to appeal her charge. However, after 30 attempts, she was not successful in overturning the decision. The Safe Roads Appeal Committee denied her appeal, siding with the officer and disputing her independent lab results showing her sobriety through a urine test.
Lacusta's case highlights the complexities and legal options available for individuals in Calgary who are medically unable to provide a breathalyzer sample. These options include challenging the reliability and administration of the breathalyzer test, disputing the sufficiency of impairment evidence, and appealing the sanction with the help of legal counsel.
For instance, requesting a review of the breathalyzer device's calibration and maintenance records can invalidate the test results and lead to cancellation of the IRS Fail sanction. Similarly, arguing insufficient evidence of impairment, based on a lack of detailed observations of impairment signs in the police officer's notes or reports, may provide grounds to dispute the IRS Fail.
Moreover, engaging a lawyer experienced in administrative penalty disputes and impaired driving charges is critical to effectively challenge IRS Fail charges, especially when medical issues affect breath sample provision. Medical inability to blow into a breathalyzer may require presenting medical evidence or expert testimony to support the claim.
In Lacusta's case, further investigations revealed a medical condition that may have contributed to her inability to provide a breath sample. She met with a doctor in early June and discovered she had two broken ribs, which dated back to a fall that happened on April 1.
The Ministry of Justice stated that approved screening devices are designed to accommodate a wide range of individuals, including those with respiratory challenges. However, there are instances when a person can provide blood or urine samples when certain legal requirements are met.
Lacusta will also need to get a breathalyzer installed in her vehicle, which will cost $115 per month, and her insurance will no longer cover her. Additionally, she had to pay $1,600 to get her vehicle out of the impound lot.
Lacusta's case serves as a reminder for individuals who are medically unable to provide a breath sample to seek legal counsel to examine the evidence, explore appeals based on lack of impairment proof or procedural errors, and present medical documentation to support their incapacity to provide a breath sample under an IRS Fail charge in Calgary. Her court date is scheduled for September 2026.
[1] Case Law Reference [2] Legal Guidance Reference [3] News Article Reference 1 [4] News Article Reference 2 [5] News Article Reference 3
- The complexities in Calgary's legal system for individuals unable to provide a breath sample, such as Pam Lacusta, extend to challenging the reliability and administration of breathalyzer tests, disputing sufficiency of impairment evidence, and appealing sanctions with legal counsel.
- Engaging a lawyer experienced in administrative penalty disputes and impaired driving charges is essential for effectively challenging Immediate Roadside Sanction Fails, particularly when medical issues hinder a person's ability to provide a breath sample.
- In addition to legal hurdles, individuals like Lacusta may also require medical evidence or expert testimony to support their incapacity to provide a breath sample under an IRS Fail charge in Calgary.
- General-news articles and case law references provide guidance for individuals who are medically unable to provide a breath sample, emphasizing the importance of seeking legal counsel and presenting evidence to support their case.
