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On Ana Bailão, “Bad Nights,” and Impaired Driving

Standing by your colleague is one thing. Being an apologist for driving drunk is quite another.

“I am taking these charges very seriously and I will continue to cooperate with the legal process.”    —Ana Bailão

“We’ve all had a bad night.”    —Doug Ford

Today city councillor Ana Bailão (Ward 18, Davenport) held a press conference to address impaired-driving charges that were laid early yesterday morning. She declined, on the advice of her lawyer, to comment on the details of her case, and she assured her constituents she would continue working hard for them.

Though a great many people may find that response frustrating, on the whole it is not an unreasonable one. Bailão told reporters today she is pleading not guilty. While many are calling on her to apologize, she is entitled to avail herself of the safeguards and securities afforded by our legal system and to defend herself in court. If Bailão has done nothing wrong, she has nothing to apologize for. We do not have all the facts before us, and we shouldn’t convict her before a full airing of those facts.

The councillors who lined up beside her today, who underplayed and sometimes entirely dismissed the severity of impaired driving—not in this case, about which we don’t yet know enough, but as a general practice—are another matter entirely.

One can understand, psychologically, why they are inclined to stand with Bailão today. City council is a fraught, tense, intense environment, and for all that they spew invective at one another when they disagree, councillors tend to share a kind of mutual sympathy—the sort of affinity that comes with going through something gruelling together. If not quite friends, they are at least bound by common experiences and develop a corresponding camaraderie.

To that extent—that is, as individuals who spend up to 12 hours a day working together and are offering support during a difficult situation—they are simply acting as good people do when someone they know makes a mistake, or is in trouble, and nobody is quite sure which yet. As a basic human impulse it is laudable. (Cynics will suggest, instead, that this is motivated by a “there but for the grace of God…” sense of protectionism. That may be true as well, but surely there are plenty of politicians who would take this kind of opportunity to slam an opponent out of false moral outrage in an attempt to score points with the electorate. No councillors have done so, and it is to their credit.)

But these are not just people who share a workplace showing a colleague they will help her through a rough time. These are elected officials whose actions, attitudes, and decisions shape our shared city. They are leaders in our community. And they have an obligation to condemn behaviour that endangers the public.

We do not know yet if Bailão was impaired while driving. We do know that impaired driving kills thousands of people each year. The councillors who are dismissing her case as a matter of a bad night—which suggests they think not that she’s innocent but that she’s guilty and we just shouldn’t worry about it too much—are failing as leaders right now. This is not a romantic affair gone bad, one the media is prying into out of prurient interest. This is a question of public safety.

By all means, councillors, as private individuals support your colleague as she deals with this situation. Help her cope, and help her come through this in the best possible way—free of suspicion if she is exonerated, and treating this with the seriousness it deserves if convicted. But as a public official, you must take a stand on the issue of impaired driving writ large. Support for Bailão cannot take the form of excusing behaviour that gets people killed every day or calling the severity of the dangers it involves into question.

It is, in fact, possible to do both at once: support a colleague through a rough time and condemn the behaviour of which they are, whether rightly or wrongly, accused. Some councillors were careful to draw that distinction today. Many of them were not. They owe their constituents, and all of us, better.

Comments

  • Atouguia

    Remember that Ana Bailao is a swing vote on council. The right and the left will fall over each other wanting to be her greatest best friend through this “regrettable” event. By the way, what part of the event is the “regrettable” part?

    • Anonymous

      Her getting caught, apparently…

    • Anonymous

      yeah! don’t you just love more examples to make us even MORE cynical about self serving politicians? political opportunism at its best!

  • Slippery Pete

    A bad night, a mistake…would the same language be used if she had killed someone? It’s just luck that no-one died.

    • http://twitter.com/Vidar_Hansen Vidar Hansen

      Innocent until proven guilty.

      • Slippery Pete

        She blew over the legal limit. She’s guilty.

        • Anonymous

          That’s for the judge to decide, not a breathalyzer, and not some guy commenting online.

          • Slippery Pete

            A breathalyzer won’t decide if she was over the legal limit? Interesting.

            So what does it do?

          • Anonymous

            Breathalyzers don’t wear robes or swing gavels; they don’t decide guilt.

            Judges do. Once all the evidence is entered.

  • Anonymous

    Whether Ms. Bailao is guilty or not is for the Courts to decide. But somewhere, someone tonight is going to make a bad error and drive when they shouldn’t. This provides all of us with a reminder of the importance of planning how to get home if we indulge. The small inconvenience of public transit or the small cost of a Taxi pale besides at the very least the costs of “getting caught” and in a worst case scenario, the costs of injuring oneself or others.

  • shamefulbehaviour

    shame on doug ford. a “bad night”? when someone [bailao] is allegedly driving their car without headlights on a street with a bike lane, a “bad night” could have ended with being dragged under a car. are the rest of us not “entitled” to being protected from a “bad night”?

    • http://www.bitpicture.com Marc Lostracco

      While on his bicycle, my uncle was killed by a drunk driver. I guess my uncle was just “having a bad night” too. We’ve all been there, amirite?

      (I should note that he wasn’t in a Jarvis bike lane when it happened, although had he been, he might still be alive. Of course, Bailão voted to scrap those anyway—for safety reasons, of course.)

      • http://twitter.com/Vidar_Hansen Vidar Hansen

        Using your uncle’s death for political reasons is sick. you bastard.

        was your uncle’s bike carrying one front and one back light? was he wearing a helmet? was he wearing a reflective vest?

        • http://www.bitpicture.com Marc Lostracco

          He was riding his bike legally at the edge of the lane, as one does. A drunk man drove his car into him…not because there was a bike in the way, but because the driver was drunk. C’est le facts. When drunk people drive cars, bad things happen. Nothing political about that.

          • Anonymous

            sounds like vidar needs to have another drink to add to his messed up head

          • http://www.bitpicture.com Marc Lostracco

            I understand that people do really stupid things and make dumb mistakes. I really do. I have people close to me who have been nailed with DUIs, and I know people who have stupidly and voluntarily driven while drunk. That makes them dumbasses, and luckily, none of the people I know have hurt anyone.

            BUT…actions have consequences, and good people own up to the stupid things they do. No big deal, really. Just own up to stuff. In this (alleged) case, Bailão didn’t hurt anyone, so if she actually was drunk, she shouldn’t dick around in the legal system and try to get a lighter penalty. People will forgive her, and it opens a dialogue. It’s especially important because she has based so much of her recent activity touting her responsibility to keep the roads safe (hence her weak justification for voting to scrap the bike lanes, which keep cyclists safer from cars).

            The sentence for pleading guilty to a first time drunk driving offence where nobody is hurt and nothing is damaged is licence suspension for a year and possibly remedial training and an interlock device. Hardly a huge punishment. Own up to it, accept the consequences, and get back to work.

    • Anonymous

      exactly….our former BC premiere sucked it up to his drunk driving charge in Hawaii many yrs ago…had his mugshot plastered all over…tearfully and publicly apologized….if ana bailo was today to do so, knowing how much we despise drunk driving and the carnage its caused that much more, she’d get her respect back that much quicker.

      • Anonymous

        Pleading guilty to a misdemeanor in Hawaii, isn’t really the same as pleading guilty to a criminal code offence in Canada….as far as consequences go.

  • Anonymous

    Is it actually possible to be charged with impaired driving if you don’t provide a breath sample?

    • http://twitter.com/candleflame3 PlantinMoretus

      It must be, otherwise refusing to provide a sample would be an automatic “get out of jail free” thing. I suppose those cases rely more on witness and police testimony though.

    • http://twitter.com/Vidar_Hansen Vidar Hansen

      you can be charged with not providing a breath sample, or something like that.

      if you don’t provide a sample, you would end up in jail overnight, I guess you could wait a few hours until the alcohol is gone from your system THEN provide a breath sample. I am sure police have a solution to this.

    • Anonymous

      Yes. The testimony of the arresting officer would be offered as evidence – the accused smelled like booze, slurred speech, was driving erratically, etc.

      That’s subjective evidence, so a breathalyzer test can be more definitive.

    • Anonymous

      Yes. There are two distinct offences Bailao has been charged with. The first is “impaired driving”, the indicia likely being erratic driving, driving without headlights, failure to stop immediately for the police, as well as likely signs of impairment when interacting with the arresting officer (eg. slurred speech, unsteadiness on her feet, etc).

      Once someone is arrested for impaired driving (charge 1), the police have grounds to demand she provide a breath sample back at the police station. The fact that she has been charged with “over 80″ means that she provided this sample, and blew over the legal limit. This is a second, discrete charge (although one can only be convicted of one of the two charges – the other is stayed upon a finding of guilt).

      Had she refused to provide a sample at the police station, it would be impossible to charge her with “over 80″. She would instead be charged with failing to provide a sample, the consequences upon conviction of which are exactly the same as an impaired driving conviction.

  • jennifer

    Driving while under the influence of alcohol is not “having a bad night”. It’s dangerous and against the law. Honest to god, Bailao should know better than this. How many times do people have to have the lesson hammered home to them before they finally get it? DON’T DRINK AND DRIVE. It’s a simple concept. She’s just lucky she didn’t hurt anyone.

    • http://twitter.com/Vidar_Hansen Vidar Hansen

      You have NO evidence that Ana Bailao drove while drunk. This “automatic guilt” is undemocratic.

      • Paul

        We have the evidence that police stopped her car for what they describe as erratic driving, and their report that she blew over 80mg/dL on the breathalyzer, which is why she was charged. A presumption of legal innocence doesn’t mean we have to ignore what’s in front of us.

        • Anonymous

          Yes, thank you. There is only one person to whom the principle of “innocent until proven guilty” applies, and that’s the judge who will hear her case. There is nothing that compels me to apply that principle.

          • Anonymous

            That’s how lynch mobs and witch hunts start, and the lives of accused but innocent people are ruined.

          • http://www.bitpicture.com Marc Lostracco

            I generally agree, but part of what’s important is to remove some of the stigma behind stupid mistakes. People shouldn’t be calling for her to resign or never operate a vehicle again or claiming that she’s practically a potential murderess behind the wheel. Still, actions have consequences. What we need to do, however, is use incidents like this as opportunities for open dialogue, and Bailão should be part of that.

            Unless she was swishing mouthwash or chugging cough syrup minutes before the traffic stop, breathalyzers are extremely accurate and reliable. But I’m not familiar with how the arrest system works, so my question is more of how we found out she had been arrested before her court date the following morning? Shouldn’t the police not offer that information until charges are in effect in court (and allowing the subject an opportunity to request a publication ban)? I mean, it’s only a matter of hours before charges are legally activated in court and become part of the public record anyway.

          • Anonymous

            Actions do have consequences, but what’s bothering me about this whole
            thing is that an eventual guilty verdict and whatever subsequent
            punishment is doled out doesn’t seem to be enough to immediately satisfy
            certain people here. People like McKingford above, who, unconstrained by evidence, legal processes or definitions, have branded her Guilty For Life and demand she prostrate herself at our feet. Unlike, say, the Michael Bryant or OJ Simpson
            cases where there are strong feelings that a miscarriage of justice
            occurred and blame follows the defendants wherever they go, this case
            hasn’t even come before a judge. Being charged is tantamount to being
            convicted now.

            Bailão’s legal counsel has advised her not to
            engage in any dialogue until after the case is heard, and I can’t blame
            her for agreeing, but in the event of a guilty verdict I would hope to
            see her step up and play a role in the discussion. But open dialogue must
            allow for moderate and opposing views, and the
            potential to approach the problem from unexpected, controversial, or
            uncomfortable angles. Judging from all the down votes I’ve received in
            the last three days on this topic, very few people are interested in
            open dialogue and just want her to throw herself on the pyre.

          • Anonymous

            “Bailão’s legal counsel has advised her not to engage in any dialogue until after the case is heard”

            Too late, eh?

          • Anonymous

            As far as I know all she’s done is acknowledge that something happened and that she intends to fight it in court. That’s a far cry from dialogue.

          • Winkee

            I’m not sure what else you would call holding a press conference with other Councillors to declare her not guilty plea. No comment would have sufficed, if she wanted to avoid a dialogue.

          • Anonymous

            You have a funny definition of dialogue.

          • Winkee

            So a conversation, in the form of a press conference, about her charges in which she declares her intent to plead not guilty is not a dialogue? What is it then? Questions were asked, she answered what she could, other councillors also chipped in their opinons, I’m not seeing the discrepancy here.

          • Anonymous

            A press conference is not a conversation, it’s an announcement. We’re talking about a dialogue about impaired driving, its causes, effects, ramifications, et cetera, which she did not address. She acknowledged she was charged, said it was regrettable, and that’s it.

          • Anonymous

            disagree.

            when you’re wrong, own up to it…that’s legal speak, your opinion.

            esp when she on the one hand touts what she did as ”regrettable” but she is still to fight it? like having your cake and eating it too…wtf?

            as outlined earlier, our former BC Premiere Gordon Campbell was nailed for drunk driving…had his mug plastered all over, tearfully in public apologized…but he OWNED UP TO IT…didn’t take Bailao’s cowardly way out of ‘not guilty’…esp disrespectful to the GP in how we diss drunk driving that much more 10 yrs ago.

          • Anonymous

            He owned up to a misdemeanor DUI charge in Hawaii. Most do, because pleading no contest to a misdemeanor charge in Hawaii is really no big deal. It’s hardly comparable to the consequences of a criminal code conviction in Canada.

      • jennifer

        Blowing over 80mg/dL isn’t evidence?

        • http://circusesnotbread.wordpress.com/ Joe Blow VI

          not when your constitutional rights are violated … Google Margaret Trudeau and drunk driving

      • OgtheDim

        We have proof though that politicians are supporting her without condemning drinking and driving.

        • Anonymous

          She’s a politician, she’s in the public eye. Some are going to indulge in speculation and make unsupported comments.

          The facts as we know them are these: she has been charged with dangerous driving (headlights off at night); the arresting officers allege she did not immediately notice when they signalled her to pull over, and she twice blew over the legal limit on breathalyzer tests administered to her.

          Saying the situation is “regrettable”, and that she is going to fight the charges is far from an unequivocal denial.

          The sight of the other councillors cynically fawning over her was sickening.

  • http://www.facebook.com/profile.php?id=1291384290 Steve Peeve

    The likelihood that she was caught on the very first time is statistically slim. If her
    driving was bad enough to raise the suspicions of the officer and she then blew
    over 80… Then it is unethical for her to announce she will plead not guilty,
    she should stick with no comment. If she was drinking in the presence of others
    why did they not suggest a cab? Why doesn’t anyone suggest treatment? If she
    has problem she needs to own up to it and seek help. Next time she may kill
    some one! Wake up she’s driving around drunk!

    • Anonymous

      She was apparently pulled over because her headlights weren’t on, not because it looked like she was driving drunk. (Don’t cars have automatic headlights these days? I didn’t think it was possible to drive without the headlights on.)

      “If she was drinking in the presence of others why did they not suggest a cab? Why doesn’t anyone suggest treatment? If she has problem she needs to own up to it and seek help.”

      We don’t know what was said, or has since been said, in private. If this isn’t her first time with Jack Daniels as her co-pilot, I’m sure there’d have been rumours about it.

  • OgtheDim

    I’m surprised at some of the comments on here.

    But, then maybe I shouldn’t be.

    This is a city where radio stations take money to advertise para-legals that try to get people off of DUI’s.

    Its time we have a serious discussion about the morality of drinking and driving.

    We are caught up in the legalities so much we forget there is a moral obligation we all share to attempt to do no harm.

    Doe anybody actually morally support the right of anybody to drink and get behind the wheel of a car within 3 hours?

    Yes….its legal, possibly.

    But is it moral?

    Take a cab.

    Take TTC.

    Call a friend.

    But drinking ANYTHING and then driving within 3 hours is just as morally wrong as driving past an open streetcar door, showing the finger to a Mom while driving, or driving while reading.

    • Anonymous

      “I’m surprised at some of the comments on here…. [Does] anybody actually morally support the right of anybody to drink and get behind the wheel of a car within 3 hours?”

      I haven’t seen any comments even remotely suggestive of that. I certainly haven’t made any.

      • OgtheDim

        That’s because the whole discussion is only about legalisms.

        We have so divorced this discussion from morality, people feel perfectly fine to support a person up on DUI, without feeling the need to state “drinking and driving is stupid”.

        Lots of us may assume that’s what people are thinking.

        But given the acts of the councillors who are supporting Bailão, can we really say that?

        And given the preponderance of those DUI para-legals, with their ads that focus on reducing harm to the DUI recipient, can we really say that?

        Think about that for a moment. The primary reason people are counselled to fight DUI is not because you didn’t do it (classic innocence). No, its because the affect of a conviction is too painfull. Well if its too painfull, DON’T DRIVE AFTER YOU DRINK.

        And if the life of the councillor after receiving a charge of DUI is too painfull, DON’T DRIVE AFTER YOU DRINK.

        Look, she’s innocent legally until proven guilty.

        But, if you don’t want the DUI charge pain, don’t get yourself in a position to be questioned on this.

        • OgtheDim

          And I forgot to add one last point:

          People rant at Ford, rightly, for driving past a streetcar door, for the finger, for reading and driving.

          Those rants are based on morality, not legality.

          But a DUI……that’s different?

          A DUI charge means somebody (presumably a cop) believes the councillor was DUI.

          Lots of us pillory Ford on less evidence.

          But, this councillor?

          If we are going to pillory people morally for things based on evidence that does not lead to a conviction legally, we better darn be consistent about it.

          • Anonymous

            There is another significant difference between these two examples, one people may not want to contend with:

            Ford was (presumably) at full faculties at the time he (allegedly) ran through the streetcar doors and read while driving. It is incontestable that he made a choice to do these things. So yes, let’s pillory him, let’s shame him, let’s despise him for it, and hope he never does these things again.

            Bailão, assuming she really was impaired, was not capable of fully assessing the situation. The more impaired she was, the less capable of rational decision-making. Should we flagellate her for putting herself in that position? Sure, maybe. But we also know alcohol lowers inhibitions, medication can interfere with perception, and both alter your reaction times, so once either of those factors were in play, she was not making rational choices.

            That doesn’t mean someone isn’t responsible for what they do while under the influence of alcohol, drugs, or medication – obviously they are, and reparations must be made – but their actions are amoral. For some reason we extend this grace period to children, the handicapped, the senile and people in shock, but rip it away from people who are by definition under the influence of mind-altering chemicals.

            The reason “Don’t Drink And Drive” campaigns struggle, while other driving safety-related campaigns excel, is because we’re essentially telling sober people to remember to something days or weeks later in a hazy dream-state. Removing the ability to choose to drive (such as taking away someone’s keys) or physically engage in driving once intoxicated (a built-in breathalyzer) works because it removes the now-drunk would-be driver’s involvement in the decision.

          • Winkee

            Reading while driving means he wasn’t at full faculties as he wasn’t paying attention. Just because he wasn’t drunk doesn’t mean that comparison doesn’t hold.

          • Anonymous

            He had the ability to pay attention, he chose not to. He picked up those papers deliberately, not in a state of confusion. He knew exactly what he was doing behind the wheel, but consciously decided to distract himself.

          • Winkee

            He didn’t know exactly what he was doing because he wasn’t paying attention.
            You seem to be giving drunk drivers a huge benefit of the doubt and making excuses for their actions after the fact. A decision was made when they were sober to have access to a car and drink. They fully know, as any average adult does, what the effect of drinking is. To give drunk drivers the benefit of the doubt because they are in a “state of confusion” after their conscious decision to drink, while excusing distracted driving because one is a “conscious” decision and one is (apparently?) not after the fact is horrible logic. I have no idea what went through Bailao’s mind that night, but to drive to an event where alcohol is being served, as a person who does and may drink alcohol, having a few drinks and then driving home is certainly a conscious decision whether or not you are drunk when the ultimate decision is made.
            Another thing I think is important but not getting enough attention is the fact that she A) has an almost 6 figure income and can easily afford transit or a cab and B) has the ability to expense a cab but chose not to. It’s not like she had no choice and in her drunken state didn’t know what she was doing was wrong as you seem to be saying. She had plenty of options and apparently picked the worst, most dangerous one.

          • Anonymous

            “You seem to be giving drunk drivers a huge benefit of the doubt and making excuses for their actions after the fact.”

            Work on your reading comprehension; I’ve done no such thing, merely explained that approaching the issue as if impairment is equal to sobriety is backwards and tackling the issue that way is delusional and bound to fail.

          • Anonymous

            This is beginning to sound like an apologia for DUI that is utterly unconvincing, and does you no credit. If people are going to get so plastered that they lose their judgement over this, socially critical rule, then they should have their driving privileges cancelled. Problem solved. Excuses aside, that is how it is supposed to work. Too bad if Bailao is embarrased and inconvenienced, but that is hardly the issue.

          • Anonymous

            Apologia? You’re hearing what you want to hear. I’ve made no excuses for impaired driving, and implying otherwise does you no credit.

          • Eric S. Smith

            “I’ve made no excuses for impaired driving…”

            How close do you think you are to claiming that we should be nice to drunk drivers because what if they were just minding their own business when some booze jumped down their throats and now they’re all confuuuuuuuused?

          • Anonymous

            I didn’t say it “jumped”, I said it “forced its way” down their throats. Then I kicked a puppy.

        • Anonymous

          I don’t think you’re going to get a whole lot of traction on the morality thing, because that just veers into the realm of hypocrisy rather too easily — that’s where our society is at, unfortunately.

          What I find most disturbing is Bailao’s stated intention, with the visible backing of some council colleagues, to avail herself of the same two-tiered “justice” system that so benefited Michael Bryant. Bring on the pricey lawyers and spin doctors. Will she need a defence fund?

          I’d have a lot more respect for Bailao, if she had just admitted her mistake up front and accepted the consequences. Instead we are treated to the kind of degrading and cringe-worthy spectacle that is what passes for the norm at city hall.

  • heather

    While I’ll be anxious to see what the courts decide. One does not blow over 80 after an only a drink or two. I work in a Trauma unit at a hospital and have seen the awful consequences of impaired driving in painful and disgustingly-plain view. Thank you, Hamutal, for calling the comments what they are; dismissive of the severity and immorality of impaired driving.

  • Anonymous

    We could, you know, get her a driver. A perfectly legitimate use of tax dollars.

  • Moe

    She then has the audacity to call a town hall meeting after the DUI incident. lol