Canadian Criminal Law/Appendix/Model Examinations/Impaired Driving and Over 80

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Impaired[edit]

Officers evidence[edit]

Background

  • identify Cst. by name, current rank, jurisdiction, current assignment, duration of employement as a peace officer
  • confirm whether working and on duty on offence date and at offence time / confirm specific assignment at the time
  • officer's training or experience in dealing with impaired drivers

Cause for Contact with Accused

  • confirm that officer made contact with an individual by the name of the accused / confirm if person is in court today
  • how officer first come in contact with accused / reason for stopping accused (pull over, MV collision, response to 911 call)
  • what the officer knew about the accused before making contact
  • time when first made contact / others present with officer at the time / others present with accused at the time
  • Whether the accused was seen driving / time of observation / Make and model of vehicle / Licence plate number
  • Any observations of the manner in which the Accused drove

Contact with accused

  • Discuss what happened at initial contact / details on interaction
  • confirm whether officer informed the accused of reason for stopping them
  • determine how officer was able confirm the identity of the accused
  • the demeanor / mood and physical condition of the accused

Reasonable suspicion for Road-side Demand

  • whether there was a decision to make demand / timing of decision
  • confirm whether the officer formed a reasonable suspicion that
    • the accused was driving and
    • the accused had alcohol in system within last 3 hours
  • review the grounds of suspicion
    • at time of decision to demand what was demeanor / mood and physical condition of accused
    • review signs observed (slurred speech, bloodshot eyes, smell of alcohol from breath/from vehicle, unsteady movements, mumbling, not able to walk straight, falling asleep, poor coordination, etc)
    • review observations of driving (crossing lines, not obey rules of road, headlights off at night)

Making the Demand for roadside test

  • whether the demand was made / wording of demand / timing of demand
  • review any reasons for delays between decision and demand

Administering Roadside test

  • discuss officer administering the roadside test
  • review procedure of the test / results / timing of each test
  • review reasons for any delay between the demand and the test / was it most direct route
  • confirm whether the device was an "approved" device
  • conclusion of the results

Reasonable grounds of impairment

  • opinion on whether the accused's ability to operate the vehicle was impaired:
    • belief of accused driving within last 3 hours
    • belief of driving ability affected by impairment
    • belief of impairment due to alcohol

Making the Demand for Breathalyser test

  • made demand / read from card / time of reading
  • signs that the accused understood / accused's answer
  • advised of right to lawyer (10(b) right) / read from card / time of reading
  • was accused arrested / timing of arrest

Accessing counsel, if requested

  • review the steps that the officer took to facilitate access to counsel
  • access to phone was private
  • timing and duration of the phone call

Breath Tech[edit]

Making the Demand for Breathalyser test

  • made demand / read from card / time of reading
  • signs that the accused understood / accused's answer
  • advised of right to lawyer (10(b) right) / read from card / time of reading
  • was accused arrested / timing of arrest

Accessing counsel, if requested

  • review the steps that the officer took to facilitate access to counsel
  • access to phone was private
  • timing and duration of the phone call

Calibration of Machine

  • device used / whether it is an approved screening device
  • timing of last calibration
  • method of calibrating test (purged with a blank test followed by an external test) / readings given

Timing Breathalyser test

  • time taken between demand and arrival at machine / most direct route / stops in between / any other delays / time taken to set up the machine
  • timing of beginning test

Breath Tests

  • used new mouth piece
  • demonstrated how to blow / accused appeared to understand
  • time of first reading / second reading
  • results of reach reading
  • preparation of Certificate of Analysis [make certificate an exhibit]
  • review contents of certificate

Refusal[edit]

Breath Tech[edit]

  • gave him a warning of requirement of breath demand / timing of demand / reason for any delay
  • gave s.10(b) caution / timing of caution / reason for any delay
  • response to demand and delay / did they understand / was counsel requested
  • steps taken the facilitate access to counsel
  • number of times of attempts / timing of first attempt / and time between each / reason for the delay between samples
  • at time of test what was demeanor / mood; odour of alcohol
  • was he able to provide a sample / refused using what words or behaviour
  • explained to him the consequences of refusal

Attempts

  • gave instructions: put mouth on, create seal, blow hard as long as possible
  • he understood
  • used new mouth piece
  • put mouth on device properly / created seal / blow hard as possible
  • hear sound of breath
  • how much breath is needed
  • reported any physical reason for failing / see any signs supporting this

functionality of the device

  • inspect the mouth peice for obstructions prior to each test
  • did you calibrate of datamaster for alcohol testing