Steven's Case — Over 80 — Police Report

Client:  Steven K., Accused
Complainant:  Toronto Police Service, 52 Division
Charge:  Over 80, Criminal Code, s. 253(b)

Police Report:  On Sunday, February 6th, 2005 at approximately 5:00 AM the accused before the court, Steven K., was operating a motor vehicle, a 2005 Ford Focus, A*** 0**, southbound on B**** St. near Richmond St., in the City of Toronto. At this time, the accused was stopped by the arresting officer for a minor Traffic Act offence. The arresting officer had a brief conversation with the accused. The arresting officer noted a strong odour of an alcoholic beverage on the male's breath and his eyes were blood shot and glassy. The arresting officer then formed a reasonable suspicion that the accused had alcohol in the accused's body.

At 5:02 AM, the arresting officer made a demand to the accused to provide forthwith such sample of breath which in the opinion of the arresting officer was necessary to enable a proper analysis of the breath to be made by means of an approved screening device, a Drager Alcotest 7410 GLC, and to accompany the arresting officer for the purpose of enabling such sample of breath to be taken.

At 5:05 AM, the accused provided a sample of breath into the approved screening device. A proper analysis of the sample resulted in a reading of "F" — FAIL.

At this time, the arresting officer formed the opinion that the accused was operating a motor vehicle while the concentration of alcohol in the accused's blood exceeded 80 mgs of alcohol in 100 ml of blood.

The accused was then placed under arrest for operating a motor vehicle while over 80 mgs. The accused was then informed of the accused's Rights under the Charter and cautioned. A Demand was given to the accused for samples of breath. The accused was handcuffed to the rear, given a pat down search, and seated in the rear of the scout car. The accused acknowledged and agreed to comply with the demand.

At 5:18 AM, the accused was transported to Traffic Services to provide samples of breath. The accused was booked in at the police station at 5:28 AM and taken to the report room. Duty Counsel was called on behalf of the accused, and, at 5:40 AM, Duty Counsel P*** called back and the accused was given an opportunity to speak to him in private.

At the police station, the accused was turned over to a qualified breath sample technician at 6:01 AM. The accused provided two proper samples of breath in the opinion of the breath sample technician. The results of which were 1st: 122 mgs/100 ml at 6:05 AM and 2nd: 119 mgs/100 ml at 6:26 AM.

The accused was informed of the readings and released on a form 10 promise to appear.

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