Impaired Driving and Over 80 (Model Examinations)

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Impaired

Investigating Officer

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