Impaired Driving and Over 80 (Model Examinations)

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Impaired

Investigating Officer

See also: Impaired Driving, Over 80 and Refusal (Offence)
Areas of Questioning Comments

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
  • whether the suspect understood the demand, including reasons for this belief

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 (Over 80 charge)

Areas of Questioning Comments

Background

  • identify Cst. by name, current rank, jurisdiction, current assignment, duration of employment as a peace officer
  • whether he is a qualified breath tech under the Code / when first certified / by whom
  • officer's training as a breath tech
  • officer's experience in dealing with impaired drivers / number of times breath tests been conducted

Occurrence

  • confirm whether working and on duty on offence date and at offence time / confirm specific assignment at the time / whether he was a qualified tech at that time
  • location when first contacted regarding your role in this investigation / if away from station, how long it took to get there
  • circumstances of meeting with suspect / time / who else present
  • ID suspect as accused

Information Provided

  • whether provided with information from investigating officer (time and place of Operation or Care/Ctrl, ID of suspect, Time of ASD test and results, bodily signs of impairment, circumstances suggesting impairment, time of arrest/charter/caution/demand, notified of charges, whether all understood by accused)
  • at first encounter what observations of accused's condition and attitude/demeaour were made

Making the Demand for Breathalyser test

  • whether officer 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

Breathalyser test

  • whether he used an approved instrument on that day
  • identify the model of instrument / whether it is approved / location of instrument
  • purpose of the instrument

Preparing Instrument for Use

  • whether the officer did anything to prepare the machine for use (see procedure manual or form)
  • whether the device performed any self-check that was observed by the officer
  • whether training procedure was followed
  • what solution was used in preparing the machine / at what point was it deposited in instrument
  • were solutions appropriate for the use of the instrument
  • what temperature of the instrument

Calibration of Machine

  • timing of last calibration / test
  • method of calibrating test (purged with a blank test followed by an external test) / readings given / whether they were in suitable range
  • whether he believed that the device was suitable for use after procedure/preparation

Breath Tests

  • whether officer took any sample of the suspect's breath during this encounter with him
  • used new mouth piece / examined for any obstructions or damage, any found
  • prior to samples demonstrated how to blow / accused appeared to understand
  • time of first sample began, ended and reading / second sample began, ended and reading / third sample began, ended and reading
  • how was each sample given (whether "directly" into the instrument)
  • were you satisfied that the samples were properly taken and suitable for analysis
  • results of reach reading / what quantities and substances do the units express
  • whether all steps were following training

Other Observations

  • throughout the encounter with suspect were there any observations of his demeanor/attitude or condition?

Statements by Accused

  • without going into the content, did the suspect say anything
  • did the officer ask any questions / was the suspect cautioned first / understood caution

<may need voir dire on voluntariness>

  • what questions were asked / what answers were given (read from notes / reports)

Sobriety Tests

  • officer asked suspect to perform dexterity tests / instructions on how to do them / notified of voluntariness of tests and cautioned / suspect understood / suspect chose to do them
  • what tests were undertaken / what were results

Results

  • based on all observations, was an opinion made regarding suspects ability to operate a motor vehicle / what was it / what time was conclusion made
  • when did officer release suspect from custody / to whom
  • preparation of Certificate of Analysis [make certificate an exhibit]
  • preparation of Notice of Intention to Produce
  • contents of both documents were reviewed or verified / were any copies made / by whom
  • were copies given to any one, including investigating officer / what time
  • any conversations with investigating officer regarding documents or suspect
  • any contact with suspect after releasing from officer's custody

Refusal

Breath Tech

Areas of Questioning Comments
  • 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 demeanour / 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