From Criminal Law Notebook
- 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
- ☐ 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)
- 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.
