Conveyance Trial Checklist

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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

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.