Here Ron - I'll save you some reading and posting later on:
Policeman loses bid in drunk driving case
Wednesday, March 04, 2009
New details have emerged about RCMP Cpl. Benjamin Monty Robinson's alleged involvement in a crash in October that killed a 21-year-old motorcyclist. The information comes just days before the officer testifies about the Tasering of Robert Dziekanski.
The B.C. Supreme Court on Monday rejected a petition by Robinson that a 90-day driving prohibition was unfair because his elevated blood-alcohol content was partially due to two shots of vodka he claimed he drank after the crash.
The motorcyclist, Orion Hutchinson, was killed when his bike collided with a Jeep in Tsawwassen Oct. 25, police said.
According to a court document, Robinson identified himself to police and witnesses at the scene as the driver.
The officer at the scene, who was not named in the document, estimated Robinson had been driving at about 10:17 pm. At 11:56 pm and 12:16 am, Robinson gave breath samples that read 120 and 100 milligrams, well over the legal limit of 80 mg of alcohol in 100 millilitres of blood, according to the document.
The officer "noted her personal observations that the petitioner had a strong odour of liquor on his breath and on his person, that his face was pale, his eyes were bloodshot and his pupils were dilated, and his speech was slurred," Justice Mark McEwan's ruling said.
It said Robinson told the officer he had two beers at a party at 5:30 pm and took two shots of vodka after the collision during a 10-minute period when he walked home and returned.
The officer didn't buy it, noting: "symptoms [were] far more set than two shots in that time period should indicate."
Robinson was later given a 90-day driving prohibition, but he asked for a judicial review because his "evidence" about the vodka shots wasn't considered. McEwan dismissed the petition, and commented on the "inherent inconsistency" of Robinson's statement at the scene, saying the pattern of drinking he described did not seem to account for the blood-alcohol readings.
Robinson, who was off-duty, faces charges of impaired driving causing death and exceeding the legal limit. He was suspended with pay after the crash.
Robinson is next in line to testify in the inquiry into Dziekanski's death.
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© The Vancouver Sun 2009