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