Earl's Case — Drive Over 80 — Police Report

Client:  Earl, Accused
Complainant:  Ontario Provincial Police, Whitby
Charge:  Drive Over 80

Police Report:  On Friday, the 25th of August 1995, at approximately 12:55 a.m., Police Constable R**** of the Whitby OPP detachment observed a vehicle travelling Eastbound on Highway 401 in the Town of Whitby that was weaving slightly from side to side in its lane. The Officer stopped the vehicle and spoke to the driver of the vehicle, and asked:  

Q) Have you been drinking tonight? A) No.

The Officer requested the identification of the Accused, and, at this time, detected a slight odour of alcohol on his breath. The party identified himself with a driver's license as Earl P. of 25 Laidlaw Road in Oshawa, DOB 15 June 1967. At 1:00 a.m., the Officer gave the party the roadside breath demand for the Alcotest 7410 GLC, Serial Number ARFE-0101, Lot Number 348622, with a last calibration date of the 23rd of August 1995. At 1:02 a.m., the party registered an "F" for fail on the Alcotest 7410 GLC. At 1:03 a.m., the party was placed under arrest for driving while over 80 milligrams. At 1:07 a.m., the Officer read the Accused his rights to counsel.

Q) Do you understand? A) Yes.

Q) Do you wish to call a lawyer? A) No.

At 1:08 a.m., the Officer read the Accused the breath demand and caution. The Communications Centre was then contacted to locate the nearest breath technician and to arrange for a tow of the vehicle. At 1:14 a.m., the Officer was advised that No. 18 Division of Durham Regional Police had a breath technician that was available. The Accused was then transported to No.18 Division and arrived at 1:21 a.m., and awaited the arrival of the breath technician. At 1:30 a.m., the Accused was lodged in the interview room and asked:  

Q) Do you wish to call a lawyer? A) No.

At 2:32 a.m., the Accused was turned over to the breath technician.

1st Test:  130 mgs
2nd Test:  120 mgs

At 2:54 a.m., the Accused was returned to the custody of Police Constable R****. At 3:00 a.m., the Accused was served a 12-hour suspension. At 3:04 a.m., the Accused was served the Certificate of Analysis and Notice of Intention. At 3:06 a.m., the Accused was released on a Promise to Appear.

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