Rex's Case — Over 80 — Police Report

Client:  Rex L., Accused
Complainant:  Ontario Provincial Police — Toronto Division
Charge:  Over 80

Police Report:  On Tuesday, July 31st, 2007 at approximately 1:00 a.m. the accused before the court, Rex L., was operating a motor vehicle, a 2005 Nissan 350ZX, Eastbound on the Fred Gardiner at Parklawn Road, in the city of Toronto.

At this time the accused was stopped for speeding by the arresting officer. The arresting officer had a brief conversation with the accused. During this conversation the arresting officer noted the smell of an alcoholic beverage coming from the accused breath. As a result a roadside demand was made.

At 1:06 a.m. 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 handcuffed and placed in the rear of the scout car. 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 acknowledged and agreed to comply with the demand.

During this investigation the accused was identified as one:

Rex L. — D.O.B. 1974 05 29

A 1:20 a.m. the accused was transported to Traffic Services to provide samples of breath. The accused was booked in at the police station at 1:30 a.m. and taken to the report room where duty counsel was called.

At the police station the accused was turned over to a qualified breath sample technician at 2:19 a.m. The accused provided two proper samples of breath in the opinion of the breath sample technician. The results of which were:

1st:  109 mgs/100 ml at 2:25 a.m.
2nd:  106 mgs/100 ml at 2:46 a.m.

The accused was informed of the readings and released.

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