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

Impaired

Officers evidence

Background

• identify Cst. by name, current rank, jurisdiction, current assignment, duration of employment 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

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

Breath Tech

• 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 piece for obstructions prior to each test
• did you calibrate of datamaster for alcohol testing