View source for Impaired Driving and Over 80 (Model Examinations)

{{LevelZero}}
{{HeaderCrimModel}}
=Impaired=
==Investigating Officer==
{{seealso|Impaired Driving, Over 80 and Refusal (Offence)}}
{|class="wikitable" 
|-
! 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) ==
{|class="wikitable" 
|-
! 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 <br>
<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==
{|class="wikitable" 
|-
! 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
||
|}
<!--

==Defence Evidence==
{|class="wikitable" 
|-
! Areas of Questioning !! Comments 
|-
|
'''Defence evidence on s.258'''
* accused knew whether he was in condition to drive
*Efforts made to avoid driving
**attempt to obtain a ride from someone else // who these people were // Number of times attempted
**attempt to get money for a cab // who could have been contacted // efforts made // response
*Explanations of evidence suggesting care and control
**car keys: chain of possession of key // attempts to get rid of them
||
|}


* Consider whether officer's report of signs of impairment are corroborated:
**slurred speech corroborated by any videos available (e.g. 2016 ONCJ 196 at para 12)
** manner of driving corroborated by videos 

===Evidence to the Contrary===
{|class="wikitable" 
|-
! Areas of Questioning !! Comments 
|-
|
* times, types and quantity of foods eaten prior to driving -- affects alcohol elimination rate
* what/how much/when you last drank alcohol 
** whether any bills have been saved
** whether glass sizes are measurable, bring actual vessel if possible
* who witnessed drinking
||
|}
===Accused's physical Characteristics===
{|class="wikitable" 
|-
! Areas of Questioning !! Comments 
|-
|
* age / gender / height / weight 
* experience drinking
* clothing worn that day
* describe colours of face / eyes
* describe breathing / lungs
* balance and co-ordination
* injuries / disabilities
||
|}
===History of Driving===
{|class="wikitable" 
|-
! Areas of Questioning !! Comments 
|-
|
* prior driving convictions (when, where, penalties)
* previous non-criminal driving record (suspensions and prohibitions)
* non-driving criminal record, including pending
* record of driving accidents
* auto insurance and status
||
|}

-->