Archie's 1st Case — Drive Over 80 — Police Report

Client:  Archie, Accused
Complainant:  Toronto Police Force, 22 Division
Charge:  Over 80, Criminal Code, s. 253(b)

Police Report:  On Friday, the 21st of December 2001, at approximately 11:51 p.m., the Accused before the Court, Archie A., was operating a motor vehicle, a 1999 Acura product, licence A*** 4**, eastbound on The Queensway in the City of Toronto. At this time, the Accused was observed by the arresting Officer travelling between 90-100 km/hr in a posted 60 km/hr zone. The Accused was also straddling the lane divider line.

The Accused was stopped and the arresting Officer had a brief conversation with the Accused. The arresting Officer noted the odour of an alcoholic beverage on his breath and asked the Accused to exit the vehicle. The Accused stepped out of his vehicle and lost his balance, took a step, and then regained his footing. The Officer noted at this time that the Accused's eyes were red and watery. The arresting Officer then formed a reasonable suspicion that the Accused had alcohol in the Accused's body.

At this time, the arresting Officer made a demand to the Accused to provide a breath sample into an approved screening device, a Drager Alcotest 6310 GLC. At 11:53 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 his 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 informed of his Rights under the Charter and 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:  Archie A., D.O.B. 7*-06-*4.

At 12:02 a.m., the Accused was transported to 22 Division to provide samples of breath. The Accused was booked in at the police station and taken to the report room.

At the police station, the Accused was turned over to a qualified breath sample technician at 12:33 a.m. The Accused provided two proper samples of breath in the opinion of the breath sample technician. The results of which were:  

1st:   168 mgs/100 ml blood at 12:39 a.m. 
2nd:   165 mgs/100 ml blood at 1:00 a.m.

The Accused was informed of the readings and released on a Promise to Appear.

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