Conveyance Trial Checklist: Difference between revisions
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{{seealso|Operation While Impaired by Alcohol or Drug, Over 80, or Concentration Over Limit (Offence)}} | {{seealso|Operation While Impaired by Alcohol or Drug, Over 80, or Concentration Over Limit (Offence)}} | ||
;Preparations | ;Preparations | ||
:: Trial notice of police officers | |||
and civilian witnesses | |||
;Service of notices: | |||
:: certificate of qualified technician | |||
:: alcohol standard certificate | |||
:: Certificate of approved instrument and/or certificate of blood analysis | |||
:: Certificate of drawing blood | |||
; Investigator / Technician | |||
: background (peace officer, duration of employment, training and experience investigating impaired trial) | |||
: Narrative | |||
:: Time and place of initial involvement | |||
:: observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession) | |||
:: circumstances of the nitial encounter | |||
:: description of vehicle, licence plate, presence of other passengers. | |||
:: evidence of identity. | |||
: Procedure | |||
:: notification for reasons of detention | |||
:: observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct) | |||
:: determination of screening demand. | |||
:: articulate conclusions (operation while impaired OR blood-alcohol over 80) | |||
: Screening demand | |||
:: Formation of demand | |||
::: belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement) | |||
:: observations that form grounds; | |||
:: demand (wording, timing, and acknowledgment) | |||
:: training/experience of administering ASD | |||
:: ASD device and whether it is an "approved screening device" | |||
:: calibration of device and whether believed to be operating at the time; | |||
:: any delay to accomodate "last drink" dissipation | |||
:: blowing into instrument and result; | |||
:: whether result was communicated to investigator. | |||
: Basis for breath demand | |||
:: suspicion of alcohol in body | |||
:: suspicion of operation | |||
:: grounds for belief (observations, hearsay and interpretations/inferences) | |||
: Effecting breath demand | |||
:: time of demand | |||
:: wording demand | |||
:: explaining s. 10 rights | |||
:: response by accused | |||
:: access to counsel | |||
::: time of request for counsel | |||
::: steps to provide counsel | |||
::: time of departure and arrival at place to access counsel | |||
::: circumstances of providing private contact with counsel | |||
: Breath Sample | |||
:: circumstances of breath sample procedure (time, place, tech). | |||
:: explanation of breath tech | |||
:: description of device to be used (model, testing, belief of qualified device, belief of properly functioning) | |||
:: circumstances of sample given (time as "soon as practiable", sample "directly" into device) | |||
::any explanation about reasons for delay between the demand and the sample. | |||
: certificate evidence of the technician being "qualified". | |||
: certificate evidence of the device being an approved instrument; | |||
: certificate evidence of the alcohol standard solution being suitable. | |||
: proof of service of the certificates being ''personally'' servied on the accused. | |||
; Technician | ; Technician | ||
: training to administer sample | |||
: designation as a "qualified technician" | |||
: identification of person tested; | |||
: device used: | |||
:: make and model; | |||
:: whether it is and believed to be "approved"; | |||
: Test | |||
:: whether system blank test was conducted; | |||
:: results of the test, and whether they were above 10 mg / 100 ml | |||
:: whether a system calibration check was performed; | |||
:: brand and lot number of the alcohol standard; | |||
:: certificate that the standard was "suitable" for purpose | |||
: number and timing of the of samples; | |||
: whether accused blew directly into device; | |||
: what were the results, including the units of measurement; | |||
: certificate produced by the sample; | |||
: certificate of the alcohol standard solution; | |||
: observations of impairment/intoxication. |
Latest revision as of 14:28, 27 March 2025
- Preparations
-
- Trial notice of police officers
and civilian witnesses
- Service of notices
-
- certificate of qualified technician
- alcohol standard certificate
- Certificate of approved instrument and/or certificate of blood analysis
- Certificate of drawing blood
- Investigator / Technician
- background (peace officer, duration of employment, training and experience investigating impaired trial)
- Narrative
- Time and place of initial involvement
- observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession)
- circumstances of the nitial encounter
- description of vehicle, licence plate, presence of other passengers.
- evidence of identity.
- Procedure
- notification for reasons of detention
- observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct)
- determination of screening demand.
- articulate conclusions (operation while impaired OR blood-alcohol over 80)
- Screening demand
- Formation of demand
- belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement)
- observations that form grounds;
- demand (wording, timing, and acknowledgment)
- training/experience of administering ASD
- ASD device and whether it is an "approved screening device"
- calibration of device and whether believed to be operating at the time;
- any delay to accomodate "last drink" dissipation
- blowing into instrument and result;
- whether result was communicated to investigator.
- Formation of demand
- Basis for breath demand
- suspicion of alcohol in body
- suspicion of operation
- grounds for belief (observations, hearsay and interpretations/inferences)
- Effecting breath demand
- time of demand
- wording demand
- explaining s. 10 rights
- response by accused
- access to counsel
- time of request for counsel
- steps to provide counsel
- time of departure and arrival at place to access counsel
- circumstances of providing private contact with counsel
- Breath Sample
- circumstances of breath sample procedure (time, place, tech).
- explanation of breath tech
- description of device to be used (model, testing, belief of qualified device, belief of properly functioning)
- circumstances of sample given (time as "soon as practiable", sample "directly" into device)
- any explanation about reasons for delay between the demand and the sample.
- certificate evidence of the technician being "qualified".
- certificate evidence of the device being an approved instrument;
- certificate evidence of the alcohol standard solution being suitable.
- proof of service of the certificates being personally servied on the accused.
- Technician
- training to administer sample
- designation as a "qualified technician"
- identification of person tested;
- device used:
- make and model;
- whether it is and believed to be "approved";
- Test
- whether system blank test was conducted;
- results of the test, and whether they were above 10 mg / 100 ml
- whether a system calibration check was performed;
- brand and lot number of the alcohol standard;
- certificate that the standard was "suitable" for purpose
- number and timing of the of samples;
- whether accused blew directly into device;
- what were the results, including the units of measurement;
- certificate produced by the sample;
- certificate of the alcohol standard solution;
- observations of impairment/intoxication.