Nasma's Case — Over 80 — Police Report

Client:   Nasma G., Accused
Complainant:   Toronto Police Force, 52 Division
Charge:   Over 80, Criminal Code, s. 253(b)

Police Report:   On Saturday, October 2nd, 2004, the accused was observed operating a motor vehicle bearing Alberta marker W** 6**, southbound on S*** Street, within the city of Toronto.

At approximately 3:53 a.m., the arresting officer observed a black Honda Prelude stopped at the intersection of S*** Street and R*** Street West, facing East. It was stopped for approximately one minute.

The vehicle then corrected itself and went South on S*** Street, East on A*** Street West, South on U*** Avenue, West on W*** Street, and then South on S*** Street.

At approximately 3:57 a.m., the arresting officer stopped the vehicle at F*** Street West and S*** Street.

The accused had a smell of an alcoholic beverage on her breath, and admitted to having four vodkas. At this time a demand for a sample of her breath into an approved screening device was made to which the accused agreed to do.

At approximately 4:01 a.m., the accused supplied a sample of her breath into the Drager Alcotest 7410 GLC and registered a fail. At this time, the arresting officer formed the opinion that the accused had over 80 mgs of alcohol in 100 mls of blood. The female was arrested and advised of her rights to counsel, legal aid, and duty counsel. Also at this time a demand for breath samples into an approved instrument was made to which the accused agreed to accompany the arresting officer to the nearest breath facility.

The accused was transported to Traffic Services where at 5:14 a.m. and 5:34 a.m. she provided samples of her breath and registered readings of 140 mgs both times. At this time, the accused was charged with the offence of over 80 mgs operation.

The female was investigated and held pending a show-cause hearing.

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