Alex's Case — Drive Over 80 — Police Report

Client:  Alex, Accused
Complainant:  Toronto Police Force, 11 Division
Charge:  Drive Over 80

Police Report:  On Friday, the 16th of February 2001, at approximately 11:36 p.m., the accused before the Court, Alex L., was operating a motor vehicle, a 2000 Jeep Grand Cherokee, RTM 385, north on Hilltop Drive from Sealand Road West in the City of Toronto. At this time, the accused was stopped by the arresting Officer at a routine R.I.D.E. Spot Check. The arresting Officer had a brief conversation with the accused. The arresting Officer noted an odour of an alcoholic beverage from the accused, the lone occupant in the vehicle. The arresting Officer then formed a reasonable suspicion that the accused had alcohol in the accused's body.

At 11:36 p.m., the arresting Officer made a demand to the accused to provide forthwith such sample of breath which, in the opinion of the arresting Officer, was necessary to enable a proper analysis of the breath to be made by means of an approved screening device, a Drager Alcotest 7410 GLC, and to accompany the arresting Officer for the purpose of enabling such sample of breath to be taken.

At 11:40 p.m., the accused provided a sample of breath into the approved screening device. A proper analysis of the sample resulted in a reading of "F" for FAIL.

At this time, the arresting Officer formed the opinion that the accused was operating a motor vehicle while the concentration of alcohol in the accused's blood exceeded 80 mgs of alcohol in 100 ml of blood.

The accused was then placed under arrest for operating a motor vehicle while over 80 mgs. The accused was searched and placed into the rear of the Officer's patrol car without handcuffs. The accused was co-operative. The accused was then informed of the accused's Rights under the Charter and cautioned. A Demand was given to the accused for samples of breath. The accused acknowledged and agreed to comply with the Demand.

During this investigation, the accused was identified as one:  Alex L., DOB 01/01/1971

At 11:43 p.m., the accused was transported to Traffic Services, 45 Strachan Avenue, to provide samples of breath. The accused was booked in at the police station at 12:03 a.m., and taken to the report room. Duty Counsel was contacted and returned the call at 12:21 a.m., and spoke with the accused.

At the police station, the accused was turned over to a qualified breath sample technician at 12:29 a.m. The accused provided two proper samples of breath in the opinion of the breath sample technician. The results of which were:  

1st:  121 mgs/100 ml at 12:36 a.m. 
2nd:  113 mgs/100 ml at 12:55 a.m.

The accused was informed of the readings and subsequently released on a Promise to Appear — Form 10.

Location of last drink consumed:  The Red Lagoon, Yonge Street and Steeles Avenue West.

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