Theo's Case — Over 80 & DUI — Police Report

Client:  Theo P., Accused
Complainant:  Durham Regional Police Service
Charges:  impaired driving and over 80

Police Report:  On Sunday 25 November 2007, police arrested the accused Theo P. at 12:05 a.m. for impaired care and control. Grounds for the arrest were based on police observing the accused operating his motor vehicle at a very high rate of speed. The accused admitted to consuming several alcoholic beverages. A very strong odour of alcohol was emanating from his breath. The accused was arrested and provided two samples of his breath. He was later released from custody from mobile command and was cooperative with police.

On Sunday 25 November 2007, I, P.C. S*** #3**8 was working as a ride unit in the town of Whitby, Region of Durham and in full uniform capacity. I was driving Westbound on Taunton Road heading to downtown Whitby to set up the ride program. As I turned Southbound onto Brock Street, I observed a Black Hyundai Santa Fe directly in front of me bearing Ontario Plates RTM 385 with a Brown Chevy Venture minivan in front of it. The Santa Fe suddenly accelerated at a very high rate of speed and went around the Venture. I noticed a great deal of steam coming from the exhaust. The vehicle then took the merge lane and went around the Venture but as the lane was ending, it actually went onto the shoulder. I went to the left of the Venture and drove behind the vehicle as it went from one side of the lane to the other which prompted me to activate my emergency lights in order to stop it. The Santa Fe continued to drive Southbound even after hitting the siren and putting the spot light on it. The driver passed the lights at Whitburn Street and did not stop for approximately 800 meters.

I exited my cruiser and began to walk up to the driver’s side. There were two occupants within the vehicle. The driver rolled the window and I immediately detected a very strong odour of alcohol emanating from his breath and from the interior of the vehicle.

Q — Have you consumed any alcohol tonight?
A — Yes sir. I had two Jack Daniels and what you a call a pint and then some more at home.

Q — When was the last time you had a drink?
A — Half hour ago.

Q — Are you suffering from any sicknesses or are you diabetic?
A — No sir.

Q — Was the passenger also drinking?
A — Yes. At Sgt. Pepper’s. We had some drinks at home and then went to the bar. We are neighbours.

I asked the male driver to exit his vehicle as I was unsure if the strength of the odour being emanated being effected by the passenger. The driver agreed and walked back to my cruiser. He stumbled a couple of times. However, this was possibly due to the fact that he was wearing sandals and walking on packed snow on the West shoulder of Brock Street. I continued to speak to him in the back seat of the cruiser due to the cold weather, however, I was unable to detect any slurring as he has a heavy Indian accent. His eyes were slightly glassy and again he admitted to consuming more than four beverages. The odour of alcohol was still extremely strong. At this time, I had reasonable grounds that the male’s ability to operate the motor vehicle was impaired by alcohol.

At 12:05 a.m., I placed the male in custody for impaired driving, searched him and placed him in the rear of the cruiser.

At 12:06 a.m., I read him his Rights to Counsel to which he responded by saying “Yes” and “I’m not sure what to do.”

At 12:06 a.m., I read him his caution to which he stated “No” and “Yes.”

At 12:07 a.m., I read him his breath demand. He had difficulty understanding this so I explained the process and he stated “Yes, I understand and agree.”

P.C. K*** #3**4 arrived on scene to impound the vehicle. The passenger refused to identify himself and walked away from the scene. I then travelled to mobile command as it was the nearest facility with a breath tech waiting to accept samples. I travelled South on Brock Street, east on Mary and to the back of the funeral home parking lot where mobile command was set up. During the drive down, I had to open my window as the odour of alcohol was overwhelming inside the vehicle.

The male identified himself verbally as Theo P. (DOB 1975 –03– **) and after a CPIC and PARIS check, I was satisfied with his identity. I escorted him out of the cruiser and onto mobile command. Once on the mobile command, he had great trouble standing up straight and swayed several times and had to hold himself up using the table set up in the middle. I assisted him in sitting down on the bench at the table. He became somewhat emotional and continually stated that he is not a bad person.

I asked Theo again if he wished to speak to a lawyer or duty counsel as he had not previously answered me. He stated that he was unsure again and that he would let me make the decision for him. I advised him that I was not in a position to do that. He stated that he did not have a lawyer. I advised him that he could still speak to duty counsel and he stated that it was a good idea.

At 12:23 a.m., I contacted duty counsel for Theo.

At 12:38 a.m., Susan P*** called back to speak to Theo; however, the phone was disconnected. Susan then called back and after a five minute conversation, Theo hung up the phone and stated that he was done but that he wished to use the washroom. While he was in the washroom, duty counsel called back again and Susan stated that she had not even began to speak to him. Theo then began to wash his face and fix his hair and spoke to Susan yet again.

At 12:58 a.m., I turned Theo’s custody over to P.C. O*** #3**7.

At 1:37 a.m., Theo was turned back over to me.

He provided two samples of his breath. At 1:04 a.m., a reading of 220 mg of blood in 100 ml of blood was registered. At 1:32 a.m., a reading of 216 mg of alcohol in 100 ml of blood was registered.

The accused was subsequently charged with an additional charge of over 80. He was released from custody at 2:10 a.m. by Sergeant A*** #3**4 on a Promise to Appear. He was somewhat uncooperative with the documents being served on him but finally agreed to sign after I stated to him that he did not have to sign them.

Theo P.’s fingerprint date is Thursday 13 December 2007 at 9:40 a.m. and Court date of Friday 11 January 2008 at 11:30 a.m. His licence was not seized as he did not have the document on him at the time.

A cab was called for the male and he left the scene without an incident.

No further information at this time.

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