Melvin's Case — Dangerous Driving — Police Report

Client:  Melvin, Accused
Complainant:  York Regional Police Force, 5 District
Charge:  Dangerous Operation of a Motor Vehicle

Police Report:  On the 28th of July 2002, at 8:45 p.m., police were on patrol northbound on Highway 48, north of Elgin Mills Road in the Town of Markham. It was still daylight and the roads were dry. At this time, police observed a red motorcycle southbound on Highway 48. This motor vehicle appeared to be moving at an extremely high rate of speed in a 80 km/hr zone. Police subsequently made a U-turn. The motorcycle appeared to accelerate even faster, going southbound on Highway 48. Police attempted to catch up to the vehicle, reaching speeds of 130 km/hr without gaining any ground on the motorcycle.

As the motorcycle approached southbound traffic, it passed the vehicles using the northbound lane, and quickly darted back into the southbound lane. The motorcycle repeated this maneuver several times, and, on two occasions, was in danger of colliding with northbound traffic. As the motorcycle approached Major Mackenzie Drive, the traffic light for southbound traffic was red. Several cars were stopped for this traffic light.

The following police cruiser had activated its lights and sirens, and was following from approximately 200 metres back. As the motorcycle approached the intersection in the right-turn lane, the southbound traffic light turned green, and the motorcycle continued southbound on Highway 48, cutting off southbound traffic in the through lane.

It appeared that the motorcycle driver was trying to evade police. The motorcycle continued southbound on Highway 48 at an extremely high rate of speed. As the motorcycle approached 16th Avenue, it slowed as the light was red for southbound traffic, and there were many vehicles stopped in the area. Police pulled behind the motorcycle, which, subsequently, turned into a parking lot.

At this time, the driver of the motorcycle was placed under arrest for Dangerous Operation of a Motor Vehicle. As the Accused was placed under arrest, police detected a strong odour of alcohol coming from the area of the driver's mouth. The driver appeared dazed and tired.

At this time, Police Constable G*** formed the opinion that the driver's ability to operate a motor vehicle was impaired by alcohol. At 8:59 p.m., the Accused was read his Rights to Counsel and cautioned, to which he understood. At 9:00 p.m., the Accused was read the breathalyzer test demand.

At 9:08 p.m., the Accused was transported to 5 District, arriving at 9:11 p.m. At 9:13 p.m., the Accused was paraded before acting Sergeant C*** and placed in interview room number 3. At 9:25 p.m., the Accused spoke with the Duty Counsel.  At 9:41 p.m., the Accused was turned over to a qualified breath technician. The Accused provided two samples of breath: 38 mgs/100 ml and 27 mgs/100 ml.

At 10:52 p.m., the Accused was released on a Form 10 by Sergeant C*** to appear in Newmarket Courts on the 3rd of September 2002 for the charge of Dangerous Operation of a Motor Vehicle, Section 249(1)(a). The Accused will also appear in 2 District Headquarters on the 27th of August 2002 for fingerprints.

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