Daniel's Case — Impaired & Over 80 — Police Report

Client:  Daniel, Accused
Complainant:  York Regional Police, 5 District
Charges:  Impaired Driving and Over 80

Police Report:   On the 3rd of May 1996, at 9:52 p.m., motor vehicle, license RTM 538, was observed southbound on Milk Street in Markham doing 87 km/h in a 50 km/h zone. The vehicle was stopped at Milk Street and Rain Street. An Officer spoke to the driver who identified himself with a valid driver's license as the accused before the Court. An odour of an alcoholic beverage and slurred speech were observed. At 9:55 p.m., the accused performed physical tests to determine his impairment, which he failed. It was also observed that his eyes were red, and he was very unsteady on his feet. At 10:00 p.m., he was arrested for impaired driving, given rights, caution, and breath demand, which he stated he understood. At 10:25 p.m., the accused was taken to 2 District for the purpose of a breath test. He declined to call a lawyer. He was turned over to Police Constable K*** at 10:41 p.m. The first breath reading was 120 mgs at 10:44 p.m. The accused was further advised he would be charged with Drive Over 80 mgs. At 11:03 p.m., a second breath reading of 120 mgs was obtained. At 11:05 p.m., a notice was served. At 11:09 p.m., a second certificate was served. At 11:30 p.m., the accused was returned to 5 District and lodged in the cells until his parents attended the station. On the 4th of May 1996, at 12:15 a.m., a notice to the accused was served, and a 12-hour suspension. At 12:45 a.m., the accused was released on a Form 10 for Court on the 7th of June 1996.

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