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Title: Police technique for avoiding drunk driving charge
Source: [None]
URL Source: http://www.vancouversun.com/news/Mo ... r+testifies/6180768/story.html
Published: Feb 21, 2012
Author: Jen Saltman
Post Date: 2012-02-21 05:02:44 by Tatarewicz
Keywords: None
Views: 110
Comments: 1

VANCOUVER — According to an addiction expert, Benjamin "Monty" Robinson suffered from severe alcohol dependence at the time of a fatal crash 3 1/2 years ago.

It was "quite obvious" Robinson was also depressed, Dr. Paul Sobey told a B.C. Supreme Court judge in New Westminster Monday.

Robinson, a 41-year-old RCMP corporal, is charged with obstruction of justice in connection with the incident that killed motorcyclist Orion Hutchinson, 21, in Delta, B.C.

Robinson is best known as the officer in charge of three other Mounties at Vancouver International Airport who Tasered distraught and disoriented Polish immigrant Robert Dziekanski in October of 2007, shortly before his painful and public death.

Sobey conducted a four-hour interview with Robinson in January 2012 at the request of defence lawyer David Crossin. His conclusions and final report were based on that interview alone.

"My conclusion was that Mr. Robinson presented a reliable story," Sobey said.

Sobey said Robinson told him about his history of alcohol abuse, including that he had a family history.

Robinson described a number of events in his past that caused him to experience negative emotions and encouraged him to drink. Those incidents included a non-fatal shooting when he was posted in Chase, B.C., separation from his wife and the death of Dziekanski.

Robinson agreed to having high tolerance to drink, an inability to stop after a few, an inability to cut back his consumption, increasing cravings and continued alcohol abuse in spite of a mood disorder.

He had never been treated for alcohol abuse prior to the motor vehicle incident involving Hutchinson.

Robinson also told Sobey about the events of Oct. 25, 2008, when Hutchinson was killed.

Robinson had taken two of his children to a Halloween party a few minutes from his home. During the five hours they were at the party, according to Sobey's report, Robinson drank at least three and as many as five beers.

They left around 10 p.m. At as intersection Robinson made a left turn and collided with Hutchinson, who was thrown from his motorcycle and died at the scene.

After the crash, Robinson gave his driver's licence to a bystander and left the scene to take his children home. There, according to Sobey's report, Robinson drank two shots of vodka before returning to the scene.

"I was shaking pretty bad at that point," Robinson told Sobey.

Sobey said Robinson's actions after the crash were consistent with compulsion and a loss of control.

Sobey did, however, admit on cross-examination that the disease of alcoholism should not have affected Robinson's ability to tell what was right or wrong, legally.

"I think a police officer should know that," he said.

Next, Crossin intends to call a psychologist who will testify Robinson suffered from post-traumatic stress disorder in October 2008 and continues to feel the effects. Robinson is also scheduled to testify in his own defence.

Earlier in the day, Anne Rough testified that Robinson, who she has known since high school, told her and a few other people at a party in December 2007 how to avoid drinking and driving charges.

"Mr. Robinson began to tell the group that if ever you are drinking and driving you should carry a small bottle of mouthwash and guzzle it before you go through the roadblock because if you do so the alcohol will throw off the breathalyzer if they administer one," Rough recalled.

"Then he said if ever you're drinking and driving and get into an accident you should leave your licence at he scene of the accident and if you're close to home or close to a bar you should go and take a few shots and then return to the scene because they can never prove if you drank before or after the accident," Rough said.

Crossin suggested that the conversation she was recalling did not occur when she thought it did, and that her recollection was influenced by newspaper accounts she read after the crash. Rough disagreed.

The trial continues.

jensaltman@theprovince.com

twitter.com/jensaltman

Read more: www.theprovince.com/news/.../story.html#ixzz1n0axft6M


Poster Comment:

Cop in accident. Leaves driver's license with bystander at scene. Goes home for a couple of vodka shots to steady nerves. Returns. Breathalyser can't tell if was drunk before accident.

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#1. To: Tatarewicz (#0) (Edited)

Leaves driver's license with bystander at scene.

That is still leaving the scene of an accident (AFAIK), even though it might be a lesser charge than DUI.

And as for the mouthwash trick, there are field sobriety tests, and blood tests, to take into account. Somehow I don't think the cops will say something like "Oh, you used mouthwash? OK, you can move along".

It would have been better to say something like "don't d&d, because I don't want to see you impaled on your steering column, or wearing a windshield necklace, or thrown into a tree, or be otherwise so busted up that it will be a closed casket funeral". That is what a "good" cop would say.

--------------------------------------------------------
Somebody ought to tell the truth about the Bible. The preachers dare not, because they would be driven from their pulpits. Professors in colleges dare not, because they would lose their salaries. Politicians dare not. They would be defeated. Editors dare not. They would lose subscribers. Merchants dare not, because they might lose customers. Men of fashion dare not, fearing that they would lose caste. Even clerks dare not, because they might be discharged. And so I thought I would do it myself... Robert Ingersoll

PSUSA2  posted on  2012-02-21   6:42:41 ET  Reply   Trace   Private Reply  


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