Ch 8 - Drug Use, Drinking, And Driving. Flashcards
To be found guilty of failing to stop at the scene of an accident, both _____ ____ and ____ ___ must be proved.
Actus Reus and Men’s Rea.
_______ _______ has become the principle criminal cause of death in Canada.
Impaired Driving.
What 3 things must a driver do at the scene of an accident in which she is involved?
- must remain at the scene of the accident
- must give you identity and address to the other person.
- if the other party is OR seems to be injured, assistance must be given.
When can blood samples be taken as evidence of impaired driving?
If a person is incapable of giving a breath sample because of a physical do diction OR it’s not possible to obtain one.
What is a coroner?
A person who investigates the cause of death.
What is a forensic scientist?
A person who is skilled I’m applying medical science to matters of law.
Describe two situations in which someone may be charged with possession, while not having physical possession.
- a person who gives a narcotic to a friend for safekeeping
- a person who is part of a group using a narcotic.
Describe a situation in which a warrant less search would be legal. Explain why.
- other than a residence.
- why? Society considers the control of narcotics important.
What protection is there to the driver if he does fail the roadside test?
Since the results of the breathalyzer are the key evidence at trial, not the roadside test.
An approved instrument, as lists in the criminal code, that analyzes a persons breath to measure the concentration of alcohol in the persons blood.
Breathalyzer
Drugs legally prescribed by doctors; listed in schedule G of the Food and Drug act.
Controlled Drugs
Points taken away from a licensed driver from a various driving offenses; can lead to license suspension.
Demerit Points
The criminal offense of trying to obtain the same narcotic prescription from different doctors.
Double Doctoring / Prescription Shopping
The criminal offense involving the seizure of money or property obtained from the commission of narcotic control act offenses.
Laundering
A royal commission appointed to study the non-medical use of drugs in the 1960’s.
[carried out an exhaustive study of the drug culture in canada]
LeDain Commission
Any vehicle drawn, propelled or driven by any means other than muscular power; includes automobiles, motorcycles, snowmobiles, boats and aircrafts.
Motor Vehicle
Any substance listed on the schedule in the narcotic control act or anything that contains any substance included in the schedule.
Narcotic
In possession of a narcotic without legal permission; a hybrid offense.
[allows the crown to use discretion in a preceding]
Possession
The practice of investigating an individual for drug offenses without having reasonable or probable grounds for doing so.
Random Virtue Testing
Illegal drugs not used for medical purposes, such as LSD and MDA
Restricted Drugs
A test that a driver is suspected of consuming alcohol breath into a breathalyzer.
Roadside Screening Test
A criminal offense including the manufacture, sale, giving or sending of illegal drugs to another person.
Trafficking
