Stewart's Case — Refuse Breath demand — Police Report

Client:  Stewart K., Accused
Complainant:  Ontario Provincial Police
Charge:  Refuse roadside-screening-device demand, Criminal Code, s. 254(5)

Police Report:  On Wednesday the 11th of January 2006 at approximately 8:55 p.m. the Accused, Stewart K. (DOB: 10 FEB 47) was operating a motor vehicle on Humber Station Road in the Town of Caledon, Region of Peel.

At this time the Accused was stopped by PC P*** of the Ontario Provincial Police, Caledon Detachment, who was conducting a R.I.D.E. spot check at that location. The officer detected an odour of alcohol on the driver's breath and noticed that his face was red and his eyes were bloodshot. PC P*** also believed that the Accused was deliberately taking his time when asked to attend to the officer's car to do a Roadside Breath Test.

At 9:03 p.m. a Demand for the test on the approved screening device, the Alcotest 7410-GLC was made.

At 9:04 p.m. PC P*** tested the Alcotest 7410-GLC in the presence of the Accused, explained to the Accused the proper procedure to provide a sample of his breath into the instrument.

The Accused made three (3) attempts at providing a sample of his breath in the Alcotest 7410-GLC; blowing the attempts were not suitable. On each of the three attempts PC P*** observed the accused to blow for approximately a second or so and then stop. The Accused advised the officer, "That's the best I can do."

At 9:13 p.m. the Accused refused to provide a proper sample of his breath. The accused was arrested for the offence of refuse or fail to comply with demand for approved screening device, Section 254(5) of the Criminal Code of Canada.

At 9:15 p.m. the Accused was searched by PC P*** and was not handcuffed. The Accused was seated in the rear of the cruiser once again.

At 9:19 p.m. the Accused was read his Rights to Counsel. He was asked if he understood. He responded by saying "Yes". The Accused was asked if he wished to call a lawyer now? and the Accused responded by saying "No".

At 9:21 p.m. the Accused was read a Caution; he was asked if he understood. His answer was, "No comment".

At 9:35 p.m. the Accused was subsequently released on an Appearance Notice for the offence before the court. He was also issued with a 90-day ADLS suspension at the roadside.

The Accused's vehicle was towed from the scene.

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