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;