Friday, July 24, 2009

Red Herring and Speculation Not News

Certainly, impaired driving can be deadly. Nobody doubts the carnage on Canadian highways wrought by impaired drivers. But if you are going to write a story on the frustrations of impaired driving premised upon recent accidents on Alberta highways, lets write the story and convey the frustration in cases where impaired driving has been confirmed....

http://www.calgarysun.com/news/alberta/2009/07/24/10244476-sun.html

The above captioned story severely criticizes impaired driving as a major problem, citing a number of recent tragic accidents. Now I am not saying alcohol or drugs were not a factor, but there is no information in these stories that there is evidence to support the conclusion that the drivers were in fact impaired.

In the crash in Leduc, Alberta, the following is reported: "[a]lcohol has not been ruled out as a factor in the crash which happened three hours after Leduc RCMP put out a press release decrying impaired-driving related charges, many involving repeat offenders, in the area, said Sgt. Jennifer Turner".

So, alcohol has not been "ruled out". We don't even know from this article whether it has been "ruled in", let alone whether there is evidence that the driver "was impaired". Ruling something out does not mean it is present.

In a fatal crash on the Blood Reserve the following is reported: "[w]itnesses said hard liquor and beer bottles were at the scene, while RCMP said alcohol and speed are suspected factors in the crash".

A thousand suspicions does not mean something is a factor. More importantly, a thousand suspicions does not mean the driver was in fact impaired.

Finally, with respect to the terrible crash in Washington, the following is reported: "Sunday night, two recent Calgary grads, Mikelle Hendrickson and Kylie Doxtater, died in a crash in Washington state where police said they found marijuana in the SUV".

Finding drugs in a car does not necessarily mean the driver was impaired.

My point is, every example in this article to support the undeniable carnage of impaired driving, involves ZERO confirmation of evidence to support impaired driving. To report in such a manner is a grave disservice to those under investigation in these incidents. To say "alcohol has not been ruled out" in an article designed to highlight the problems of impaired driving is a Red Herring. To say that something is "suspected" is only slightly better than pure speculation.

More caution needs to be taken when writing these articles....

David G. Chow
Calgary Criminal Lawyer

http://www.calgarydefence.com/

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