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 | |||
{{ | :: {{Box}} Trial notice of police officers and civilian witnesses | ||
;Service of notices: | |||
:: {{Box}} certificate of qualified technician | |||
:: {{Box}} alcohol standard certificate | |||
:: {{Box}} Certificate of approved instrument and/or certificate of blood analysis | |||
:: {{Box}} Certificate of drawing blood | |||
{{ | |||
{{ | |||
{{ | |||
:: | |||
{{ | |||
; Investigator / Technician | ; Investigator / Technician | ||
: {{Box}} background (peace officer, duration of employment, training and experience investigating impaired trial) | |||
: {{Box}} Narrative | |||
:: {{Box}} Time and place of initial involvement | |||
:: {{Box}} observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession) | |||
:: {{Box}} circumstances of the nitial encounter | |||
:: {{Box}} description of vehicle, licence plate, presence of other passengers. | |||
:: {{Box}} evidence of identity. | |||
: {{Box}} Procedure | |||
:: {{Box}} notification for reasons of detention | |||
:: {{Box}} observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct) | |||
:: {{Box}} determination of screening demand. | |||
:: {{Box}} articulate conclusions (operation while impaired OR blood-alcohol over 80) | |||
: {{Box}} Screening demand | |||
:: {{Box}} Formation of demand | |||
::: {{Box}} belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement) | |||
:: {{Box}} observations that form grounds; | |||
:: {{Box}} demand (wording, timing, and acknowledgment) | |||
:: {{Box}} training/experience of administering ASD | |||
:: {{Box}} ASD device and whether it is an "approved screening device" | |||
:: {{Box}} calibration of device and whether believed to be operating at the time; | |||
:: {{Box}} any delay to accomodate "last drink" dissipation | |||
:: {{Box}} blowing into instrument and result; | |||
:: {{Box}} whether result was communicated to investigator. | |||
: {{Box}} Basis for breath demand | |||
:: {{Box}} suspicion of alcohol in body | |||
:: {{Box}} suspicion of operation | |||
:: {{Box}} grounds for belief (observations, hearsay and interpretations/inferences) | |||
: {{Box}} Effecting breath demand | |||
:: {{Box}} time of demand | |||
:: {{Box}} wording demand | |||
:: {{Box}} explaining s. 10 rights | |||
:: {{Box}} response by accused | |||
:: {{Box}} access to counsel | |||
::: {{Box}} time of request for counsel | |||
::: {{Box}} steps to provide counsel | |||
::: {{Box}} time of departure and arrival at place to access counsel | |||
::: {{Box}} circumstances of providing private contact with counsel | |||
: {{Box}} Breath Sample | |||
:: {{Box}} circumstances of breath sample procedure (time, place, tech). | |||
:: {{Box}} explanation of breath tech | |||
:: {{Box}} description of device to be used (model, testing, belief of qualified device, belief of properly functioning) | |||
:: {{Box}} 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. | |||
: {{Box}} certificate evidence of the technician being "qualified". | |||
: {{Box}} certificate evidence of the device being an approved instrument; | |||
: {{Box}} certificate evidence of the alcohol standard solution being suitable. | |||
: {{Box}} proof of service of the certificates being ''personally'' servied on the accused. | |||
; Technician | ; Technician | ||
: {{Box}} training to administer sample | |||
: {{Box}} designation as a "qualified technician" | |||
: {{Box}} identification of person tested; | |||
: {{Box}} device used: | |||
:: {{Box}} make and model; | |||
:: {{Box}} whether it is and believed to be "approved"; | |||
: {{Box}} Test | |||
:: {{Box}} whether system blank test was conducted; | |||
:: {{Box}} results of the test, and whether they were above 10 mg / 100 ml | |||
:: {{Box}} whether a system calibration check was performed; | |||
:: {{Box}} brand and lot number of the alcohol standard; | |||
:: {{Box}} certificate that the standard was "suitable" for purpose | |||
: {{Box}} number and timing of the of samples; | |||
: {{Box}} whether accused blew directly into device; | |||
: {{Box}} what were the results, including the units of measurement; | |||
: {{Box}} certificate produced by the sample; | |||
: {{Box}} certificate of the alcohol standard solution; | |||
: {{Box}} observations of impairment/intoxication. |
Latest revision as of 13:18, 30 October 2024
- 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.