Gavin's Case — Over 80 — Police Report

Client:  Gavin R., Accused
Complainant:  Ontario Provincial Police — Toronto Division
Charge:  Over 80, Criminal Code, s. 253(b)

Police Report:  On the 26th of November 2003, at approximately 8:38 p.m., the accused, Gavin R., was operating an Oldsmobile motor vehicle A*** 5** on Southbound Islington Avenue ramp to Queen Elizabeth Way Westbound, in the City of Toronto.

At this time, the accused was stopped by Constable C*** of the Ontario Provincial Police, Toronto Detachment, who was conducting a ride spot check at this location. The officer detected an odour of alcohol on the driver's face and observed a flushed face.

At 8:44 p.m., a demand for the test on the approved screening device, the Drageer Alcotest #7410GLC, was made. At 8:44 p.m., the accused provided a sample [into the roadside screening device] registering a fail. At 8:44 p.m., the accused was placed under arrest for operating a motor vehicle over 80 mgs and advised of his rights to counsel. At 8:48 p.m., the accused was read the demand for breath tests. At 8:49 p.m., the accused was read the caution.

At 8:55 p.m., the accused was transported to Toronto Detachment arriving at 9:08 p.m. The accused declined to speak to duty counsel. At 9:18 p.m., the accused was turned over to a qualified intoxilyzer technician. Two tests were conducted. The first at 9:30 p.m. gave a reading of 163 mgs. The second test at 10:19 p.m. gave a reading of 144 mgs.

The accused was subsequently released on a Promise to Appear.

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