Emily's Case — Over 80 — Police Report

Client:  Emily W., Accused
Complainant:  York Regional Police
Charge:  over 80

Police Report:  On 10 January 2009, police were on routine patrol and stopped in at the Hasty Market located at 1 Raymerville Road, in the Town of Markham.

Police entered the store and proceeded to the front counter, where there were three people that appeared to be together, one older female and two young girls. The officer, P.C. B***, was standing behind the female party, and as she was talking to one of the females, a strong odor of alcohol was coming from her mouth area. Her speech was slow and deliberate. The young female with the darker hair, standing to the left of P.C. B***, tapped the other female on the arm and mouthed the word "police" to her. She then looked back and had a surprised look on her face. The female party continued to face towards the store clerk and paid for her items. She then proceeded to leave the store with the two young girls. Her movements were also slow and deliberate.

P.C. B*** then proceeded to place his items on the counter and started glancing out of the store window to see if the female party was going to get into a vehicle or walk. The female was then observed getting into a brown vehicle with the two girls in the back seat. She then started backing her vehicle out of the parking spot. P.C. B*** immediately left the store and entered his cruiser as he observed the motor vehicle travelling eastbound on Raymerville Road. The female party then came up to a stop sign and turned left onto Cairns Drive. Police were able to stop her at Cairns Drive and Higginson Street, where a traffic stop was conducted. The entire time the female party was driving, she was travelling at the posted speed limit and appeared in control the entire time.

At 4:15 p.m., P.C. B*** approached the driver side door and the female party rolled down the window and at that time, a strong odor of alcohol came from the vehicle. She was then asked where she was coming from and she replied, "home." One of the girls in the backseat told him the Hasty Market and then she stated that she was coming from there and is now heading home. A very strong odor of alcohol was coming from her mouth area. She was then asked if she had any alcohol to drink and she replied, "no". P.C. B*** then advised her that he could smell alcohol coming from her. She then stated she had a glass of wine an hour and a half ago. Her eyes were glossy, her speech slow and deliberate. She was then asked to exit her vehicle and walk to the rear of it. The ground was level and dry and she appeared to be walking normal, but slow. While at the back of the vehicle, she was asked for her driver’s licence and she stated that she forgot it at home. She then verbally identified herself as Emily W. with a D.O.B. 28 February 1952.

At 4:18 p.m., she was issued a roadside demand from the back of the notebook. Do you understand "yes." At 4:19 p.m., the Alcotest 7410 GLC, with the serial #ABCD1234, registered an "F."

At 4:20 p.m., she was then told that she failed the test, and advised that she was under arrest for Over 80 and placed in the rear of cruiser 222. The two girls in the vehicle were then advised of what just took place.

At 4:24 p.m., the accused was read her rights to counsel — Do you understand? "Yes, if I can get those phone numbers." Do you wish to talk to a lawyer once back at the station? "Yes."

At 4:26 p.m., the accused was cautioned — Do you understand? “Yes." She then asked if she would get a second chance to do the test again.

At 4:27 p.m., the accused was transported to 5 District and arrived at 3:34 p.m. where she was paraded in front of Sgt. J***. She was given her rights to counsel a second time and again stated that she would like to speak to a lawyer. She was then placed in the interview room beside the breath room.

At 4:49 p.m., duty counsel was called and, at 5:09 p.m., A. F*** from the duty counsel office returned and spoke to the accused.

At 5:20 p.m., the accused was turned over to the breath technician, P.C. H***. P.C. H*** later returned and advised that the first sample was:  120 mgs/100 ml.

And the second sample was:  130 mgs/100 ml.

She was then lodged in cell #3 where she will remain until sober.

She will be released on a form 10 with a Court date of 3 February 2009 and a fingerprint date of 29 January 2009 at 2:45 p.m.

At 7:20 p.m., the accused was served her documents including her ADLS suspension, with the suspension #4567890. All of which she refused to sign.

P.C. D*** and P.C. M*** took statements from the two passengers in the vehicle and the Hasty Market Clerk.

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