Jeff's Case — Drive Over 80 — Police Report

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

Police Report:  On Saturday, 15 June 2002 at approximately 12:45 a.m., the accused was operating a motor vehicle, a blue Saturn, RTM 385 (Ontario), eastbound on Highway 401. At this time, he exited at the Brock Street ramp, Town of Whitby, where he was stopped in the R.I.D.E. program.

The accused had a strong smell of alcohol on his breath, his eyes were bloodshot, and he admitted to drinking. He was asked to step out of the vehicle, and proceeded to the Officer's vehicle to provide a sample of his breath into the Alcotest. The accused registered a "Fail" and was subsequently arrested for the offence of operate motor vehicle with Over 80 mgs, contrary to the Criminal Code of Canada, section 253(b).

The accused was then handcuffed, searched, and read his rights and caution. He was given the demand for the Intoxilyzer, and transported to the Whitby Detachment where he provided two samples of his breath.

First Reading:  125 mgs
Second Reading:  115 mgs

The Accused was charged with Over 80 mgs, and released on a Promise to Appear.