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