Archie's 2nd Case — Drive Over 80 — Police Report

Client:  Archie, Accused
Complainant:  Toronto Police Force, 23 Division
Charge:  Over 80, Criminal Code, s. 253(b)

Police Report:  On Saturday, November 26th, 2005 the accused before the court, Archie A., was operating a motor vehicle, a 1999 Acura product A*** 4**, southbound Kipling Ave, in the City of Toronto.

At this time, the accused was stopped by the arresting officer for driving with one headlight. The arresting officer had a brief conversation with the accused. The arresting officer noted slurred speech, bloodshot eyes, slow response and a strong odor of an alcoholic beverage. The accused then surrendered a credit card as his driver's licence. The arresting officer then formed a reasonable suspicion that the accused had alcohol in the accused's body.

At 3:35 A.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 3:38 A.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"— 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 the 100 ml of blood.

The accused was then placed under arrest for operating a motor vehicle while Over 80 mgs. The accused was handcuffed, searched and placed in the rear of the patrol car. 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 Archie A., D.O.B.: 7*-06-*4

At 3:44 A.M. the accused was transported to 32 Division to provide samples of breath. The accused was booked in at the police station at 4:04 A.M. and taken to the report room. Male declined to talk with duty counsel.

At the police station the accused was turned over to a qualified breath sample technician at 4:29 A.M. The accused provided two proper samples of breath in the opinion of the breath sample technician. The results of which were

1st:    187 mgs/100 ml blood at 4:36 a.m. 
2nd:   176 mgs/100 ml blood at 4:56 a.m.

The accused was informed of the readings and transported to 23 Division where there was space to be held for his own safety due to the amount of alcohol consumed. The accused was later released on a Form 10.

Location of last drink consumed: unknown, unco-operative.

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