The wrongful arrest of a woman falsely accused of driving while high shines a light on the pitfalls of policing cannabis-impaired driving, say legal experts.
Pam Staples-Wilkinson was arrested in March 2021 after getting in a car accident and later failing a standard field sobriety test conducted by a Fredericton police officer.
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However, “serious problems” remain with how officers conduct the two physical tests, said Kyla Lee, a Vancouver defence lawyer who focuses on driving offences.
“Particularly in cases involving collisions, individuals exhibit symptoms when performing the physical tests that police make you do, that are consistent with being in a collision, but also consistent with the consumption of a drug,” she said.
Balance problems, fumbling and slurred speech can all be the symptoms of shock and head injury suffered in a collision.
But they can also be interpreted by a police officer as impairment, giving them grounds to pursue charges, Lee said.
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