Conveyance Trial Checklist

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 initial 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;