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