Conveyance Trial Checklist

From Criminal Law Notebook
Revision as of 20:27, 29 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
  • 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.