Cst E Review

Question 1

LGCCA powers of arrest:

Answer 1

An inspector who witnesses a person apparently committing an offence under this act may arrest the person without a warrant

Question 2

where can you legally consume alcohol?

Answer 2

residence

business

premises with a permit

Question 3

Is it liquor?

Answer 3

If you believe its liquor, then it is deemed to be liquor.

Question 4

LGACCA risk of violence:

Answer 4

32(1) A member of a police service may direct a person to leave licensed or permitted premises or the area in the immediate vicinity of those premises if the member has reasonable grounds to believe that the presence of the person creates a risk of violence in or around the premises

32(2) For the purposes of determining whether the presence of a person creates a risk of violence, a member of a police service may have regard to any information in his or her knowledge respecting the increased possibility of violent conduct by or against the person, such as

(a) the person’s conduct in the premises or in the immediate vicinity of the premises;
(b) threats made by or against the person;
(c) previous violent conduct by the person;
(d) whether the person is a member or associate of a gang; or
(e) whether the person is wearing clothing, headgear or any other item that displays a sign, symbol, logo or other representation that identifies that person as a member or associate of a gang.

Question 5

Provincial Offences Act: court dates:

Answer 5

court dates are legislated by the province at 15-45 days from the offence

Question 6

Main objectives of traffic enforcement:

Answer 6

Reduce traffic collisions & their resulting injuries

facilitate the safe and expedient flow of vehicular and pedestrian traffic

Educating the public

Question 7

HTA 76.1(4) Peace officers authority (Verbatim)

Answer 7

Peace officer’s authority — driver information

Driver to give his name, dob and address

Drivers license, vehicle insurance certificate and registration card and any other document deemed necessary

inspect any item produced

Question driver re: consumption of alcohol or drugs before or while driving

Request SFST

Question physical or mental condition

Inspect vehicles mechanical condition and request information about it

Question 8

Cellular telephones: define “use”

Answer 8

“use”, in relation to a hand-operated electronic device, means any of the following actions:

(a) holding the device in a position in which it may be used;
(b) operating any of the device’s functions;
(c) communicating by means of the device with another person or another device, by spoken word or otherwise;
(d) looking at the device’s display; and
(e) taking any other action with or in relation to the device that is prescribed by the regulations.

Question 9

No person shall use a hand held device while driving a vehicle on a highway unless:

Answer 9

(a) before using the device by hand, the person safely drives the vehicle off the roadway and keeps the vehicle stationary while using the device; or
(b) the device
(i) is a cellular telephone or another electronic device that includes a telephone function, and
(ii) is configured and equipped to allow hands-free use as a telephone and is used in a hands-free manner.

Question 10

Operation while impaired:

Answer 10

320. 14 (1) Everyone commits an offence who
     (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
     (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;
     (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
     (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Question 11

testing for alcohol or drug:

Answer 11

Testing for presence of alcohol or drug
320.27 (1) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a conveyance, the peace officer may, by demand, require the person to comply with the requirements of either or both of paragraphs (a) and (b) in the case of alcohol or with the requirements of either or both of paragraphs (a) and (c) in the case of a drug:

(a) to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose;
(b) to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of an approved screening device and to accompany the peace officer for that purpose;
(c) to immediately provide the samples of a bodily substance that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of approved drug screening equipment and to accompany the peace officer for that purpose.

Question 12

Alcohol and Drug combination offence

Hybrid Offence:

Answer 12

for the purposes of paragraph 320.14(1)(d) of the CC the prescribed blood alcohol concentration is 50 Mg of alcohol per 100ml of blood and the prescribed blood drug concentration for THC is 2.5 ng of THC per mL of blood

Question 13

Roadside Mandatory alcohol screening:

Answer 13

Mandatory alcohol screening
(2) If a peace officer has in his or her possession an approved screening device, the peace officer may, in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law, by demand, require the person who is operating a motor vehicle to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of that device and to accompany the peace officer for that purpose.

Question 14

Motor vehicle: HTA definition

Answer 14

Means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, and includes a snow vehicle that is capable of being registered under the DVA but does not include a farm tractor, an implement of husbandry, a special mobile machine, an offroad vehicle or a power-assisted bicycle.

Question 15

Blood demand Alcohol: when would you use a blood demand for alcohol>

Answer 15

Person must be incapable of providing breath as a result of injury or;

The taking of a breath sample would be impracticable i.e. lengthy wait at hospital

Question 16

Blood demand drug:

Answer 16

(2) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by a drug or by a combination of alcohol and a drug, or has committed an offence under paragraph 320.14(1)(c) or (d) or subsection 320.14(4), the peace officer may, by demand, made as soon as practicable, require the person to comply with the requirements of either or both of paragraphs (a) and (b):
(a) to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose; or
(b) to provide, as soon as practicable, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood drug concentration, or the person’s blood drug concentration and blood alcohol concentration, as the case may be, and to accompany the peace officer for that purpose

Question 17

Order of charge and caution for Impaired:

Answer 17

10A Notice of arrest

BREATH DEMAND

10B right to counsel

Police Caution

Question 18

Failure or refusal to comply with demand:

Answer 18

320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.

Question 19

what do you need to say that someone has Care and control of a vehicle?

Answer 19

Intent to drive is not an element of the offence

Must have the means/ capacity to set the vehicle in motion

Occupies the Driver’s seat is automatically assume care and control

Question 20

Seizure of vehicles:
suspended
Prohibited
Impaired 80 
Impaired 160
Refusal

Answer 20

30
30
30

60
60

Question 21

Criminal code Dangerous Operation of a Motor Vehicle:

Answer 21

Everyone commits an offence who operates a conveyance in a matter that, having regard to all of the circumstances, is dangerous to the public.

Question 22

Criminal code definition of a Motor vehicle:

Answer 22

Vehicle that is drawn, propelled or driven by any means other than muscular power, does not include railway equipment

Question 23

“in a matter that is dangerous to the public”

Answer 23

Public includes passengers in the vehicle and police officers in pursuit of vehicle

Question 24

Criminal Negligence:

Answer 24

Everyone who in doing anything or in omitting to do anything that is his duty to do so shows wanton or reckless disregard for the lives and safety of other persons