Conveyance Trial Checklist: Difference between revisions
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::certificate of drawing blood | ::certificate of drawing blood | ||
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; Investigator / Technician | ; Investigator / Technician | ||
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* background (peace officer, duration of employment, training and experience investigating impaired trial) | * background (peace officer, duration of employment, training and experience investigating impaired trial) | ||
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* Narrative | * Narrative | ||
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** Time and place of initial involvement | ** Time and place of initial involvement | ||
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** observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession) | ** observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession) | ||
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** circumstances of initial encounter | ** circumstances of initial encounter | ||
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** description of vehicle, licence plate, presence of other passengers. | ** description of vehicle, licence plate, presence of other passengers. | ||
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** evidence of identity. | ** evidence of identity. | ||
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* Procedure | * Procedure | ||
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** notification for reasons of detention | ** notification for reasons of detention | ||
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** observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct) | ** observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct) | ||
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** determination of screening demand. | ** determination of screening demand. | ||
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** articulate conclusions (operation while impaired OR blood-alcohol over 80) | ** articulate conclusions (operation while impaired OR blood-alcohol over 80) | ||
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* Screening demand | * Screening demand | ||
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** Formation of demand | ** Formation of demand | ||
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*** belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement) | *** belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement) | ||
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** observations that form grounds; | ** observations that form grounds; | ||
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** demand (wording, timing, and acknowledgment) | ** demand (wording, timing, and acknowledgment) | ||
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** training/experience of administering ASD | ** training/experience of administering ASD | ||
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** ASD device and whether it is an "approved screening device" | ** ASD device and whether it is an "approved screening device" | ||
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** calibration of device and whether believed to be operating at the time; | ** calibration of device and whether believed to be operating at the time; | ||
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** any delay to accomodate "last drink" dissipation | ** any delay to accomodate "last drink" dissipation | ||
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** blowing into instrument and result; | ** blowing into instrument and result; | ||
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** whether result was communicated to investigator. | ** whether result was communicated to investigator. | ||
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* Basis for breath demand | * Basis for breath demand | ||
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** suspicion of alcohol in body | ** suspicion of alcohol in body | ||
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** suspicion of operation | ** suspicion of operation | ||
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** grounds for belief (observations, hearsay and interpretations/inferences) | ** grounds for belief (observations, hearsay and interpretations/inferences) | ||
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* Effecting breath demand | * Effecting breath demand | ||
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** time of demand | ** time of demand | ||
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** wording demand | ** wording demand | ||
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** explaining s. 10 rights | ** explaining s. 10 rights | ||
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** response by accused | ** response by accused | ||
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** access to counsel | ** access to counsel | ||
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*** time of request for counsel | *** time of request for counsel | ||
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*** steps to provide counsel | *** steps to provide counsel | ||
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*** time of departure and arrival at place to access counsel | *** time of departure and arrival at place to access counsel | ||
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*** circumstances of providing private contact with counsel | *** circumstances of providing private contact with counsel | ||
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* Breath Sample | * Breath Sample | ||
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** circumstances of breath sample procedure (time, place, tech). | ** circumstances of breath sample procedure (time, place, tech). | ||
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** explanation of breath tech | ** explanation of breath tech | ||
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** description of device to be used (model, testing, belief of qualified device, belief of properly functioning) | ** description of device to be used (model, testing, belief of qualified device, belief of properly functioning) | ||
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** circumstances of sample given (time as "soon as practiable", sample "directly" into device) | ** circumstances of sample given (time as "soon as practiable", sample "directly" into device) | ||
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**any explanation about reasons for delay between the demand and the sample. | **any explanation about reasons for delay between the demand and the sample. | ||
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* certificate evidence of the technician being "qualified". | * certificate evidence of the technician being "qualified". | ||
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* certificate evidence of the device being an approved instrument; | * certificate evidence of the device being an approved instrument; | ||
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* certificate evidence of the alcohol standard solution being suitable. | * certificate evidence of the alcohol standard solution being suitable. | ||
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* proof of service of the certificates being ''personally'' servied on the accused. | * proof of service of the certificates being ''personally'' servied on the accused. | ||
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Revision as of 13:03, 30 October 2024
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- 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;