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- Preparations
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- Trial notice of police officers and civilian witnesses
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- Service of notices
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- certificate of qualified technician
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- alcohol standard certificate
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- certificate of approved instrument and/or certificate of blood analysis
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- certificate of drawing blood
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- Investigator / Technician
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- background (peace officer, duration of employment, training and experience investigating impaired trial)
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- Narrative
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- 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)
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- circumstances of initial encounter
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- description of vehicle, licence plate, presence of other passengers.
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- evidence of identity.
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- Procedure
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- 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)
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- determination of screening demand.
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- articulate conclusions (operation while impaired OR blood-alcohol over 80)
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- Screening demand
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- Formation of demand
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- belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement)
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- observations that form grounds;
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- demand (wording, timing, and acknowledgment)
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- training/experience of administering ASD
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- 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;
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- any delay to accomodate "last drink" dissipation
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- blowing into instrument and result;
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- whether result was communicated to investigator.
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- Basis for breath demand
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- suspicion of alcohol in body
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- suspicion of operation
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- grounds for belief (observations, hearsay and interpretations/inferences)
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- Effecting breath demand
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- time of demand
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- wording demand
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- explaining s. 10 rights
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- response by accused
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- access to counsel
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- time of request for counsel
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- steps to provide counsel
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- time of departure and arrival at place to access counsel
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- circumstances of providing private contact with counsel
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- Breath Sample
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- circumstances of breath sample procedure (time, place, tech).
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- explanation of breath tech
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- 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)
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- any explanation about reasons for delay between the demand and the sample.
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- certificate evidence of the technician being "qualified".
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- certificate evidence of the device being an approved instrument;
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- 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.
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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;
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