Yellowknife (July 28/04) - Police violated the constitutional rights of a senior federal government official convicted of an alcohol-related driving charge, his lawyer said during an appeal hearing last Thursday.

Lorne Tricoteux

Lorne Tricoteux, a director with the Department of Indian Affairs and North Development, was fined $700 and barred from driving for a year after being found guilty March 11 of failing to provide a breath sample to police.

He was originally pulled over by the RCMP Aug. 9, 2003, on suspicion of drunk driving after an officer spotted him cruising through downtown Yellowknife with his headlights off.

Tricoteux's lawyer, Robbie Davidson, argued Thursday in Supreme Court the conviction should be overturned because police didn't have enough evidence to stop Tricoteux in the first place.

"Reasonable and probable grounds did not exist when Tricoteux was pulled over," said Davidson.

After being flagged down by police, Tricoteux stopped his vehicle in the middle of the road before moving over to the side, leading police to believe he may have been intoxicated. Tricoteux also mistakenly handed officers his DIAND employee card instead of his driver's license.

Tricoteux was taken to the RCMP detachment where, according to trial transcripts, police made four unsuccessful attempts to contact a lawyer for him. He eventually told police he didn't want to "wake anyone up," which Crown attorney David McWhinnie said amounted to a waiver of his right to counsel.

With the time ticking on the breath sample -- results are only considered valid in court if taken within three hours of a driver being detained -- police formally asked Tricoteux to comply, but he refused.

Davidson argued Tricoteux was within his rights to refuse the police request without first speaking to a lawyer and the conviction should be overturned.

Supreme Court Justice Ted Richard reserved his decision on the case. There has been no timetable set for the ruling.