Conveyance Trial Checklist

Revision as of 12:52, 30 October 2024 by Admin (talk | contribs)
See also: Operation While Impaired by Alcohol or Drug, Over 80, or Concentration Over Limit (Offence)
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;