FSC 402 Final Exam Flashcards
Define “Impairment”
Reduced ability to perform a task.
Exemplify why driving is a complex psychomotor task.
- Need to follow the lane
- Have to always be ready to hit the brakes
- Have to be aware of cars in other lanes
- **all at the same time
Scientific vs. Legal Impairment
Scientific impairment is measurable.
Legal impairment is not established by the forensic toxicologist but is dependent on judge/jury decision.
True/False: The crown needs to prove a great degree of impairment for conviction.
False
The Crown need only to prove any degree of impairment of the person’s ability to drive, no matter how great or minor.
Difference between toxicology and forensic toxicology?
How the toxicology is applied to the law.
Why did the Criminal Code for impaired driving offences change?
To lower the cases related to impaired driving.
It takes 10-15 minutes for BAC level to increase to 80 so initially your BAC level would be low and would increase gradually while in the police station. However, BAC is measured at the scene and that level is used in court = faulty and cases get thrown out. This has now changed and you are not allowed to drink before or right after driving for accuracy.
What is the Carter Defence?
Judge can throw cases off even though there is evidence that your BAC level is high because they choose to believe variable factors like your size/height/weight/gender in relation to the suspected level of intoxication.
True/False: Suspect can be convicted due to exceeding impaired limit AND per se limit.
False
Suspect can be charged for exceeding both impaired and per se limits but can only be convicted with one.
True/False: You can refuse to give breath sample because it is within your legal right.
False
Refusing to give a breath sample will still give you the penalty of what you are charged for, you cannot avoid charges by avoiding giving a blood sample. Suspicious that you are refusing to give sample.
Relation between Variability and BAC limits?
Law states that a suspect can be charged if the BAC limit is exactly 80 or over. Defense is usually variability but that usually only works when very close to or exactly 80.
Impaired vs. Per se Limit
Impaired: Effects of drugs/alcohol on an individual and testing for drug samples if available. Don’t need BAC level, smelling like alcohol is enough.
Per se: Testing of drugs and alcohol, need a sample for this. There are issues about reliability of analysis.
Should per se limits be considered? Why or why not?
No, because there is a wide variability of factors (legal aspects, political pressure).
Per se limit on the ability to operate a vehicle should not be threshold because it is not reliable due to variability.
Degree of impairment is dependent on
- driving experience
- age
- complexity of the driving task
- blood alcohol concentration
When does BAC become significant?
when BAC level is >50mg/100mL
True/False: Younger drivers are less tolerant to alcohol.
True, younger drivers experience impaired effects more severely.
What is Choice Reaction time?
Ability to correctly choose between two actions in the appropriate time.
e.g. Someone jumps in front of your car - do you brake or swerve to avoid hitting the person?
What is Divided attention?
Ability to divide attention between two sources
e.g. Monitor lane position, be aware of other cars…
True/False: Impairment effects can be observed at very low BAC levels.
True, you have no tolerance to these behaviours
Define “Complex Reaction Time”
The time required to respond in a scenario when thre are two or more stimuli and several possible responses.
A short complex reaction time enables the driver to…
react quickly to emergency and unexpected situations
True/False: Even a millisecond (ms) change in complex reaction time results in significant differences
True, 100ms change leads to 2.8m more of the distance travelled.
Give examples of laboratory analyses on alcohol and impaired driving
Analyzes level of impairment on individual skills in driving through measuring:
- simple/complex reaction time
- tracking ability
- ability to perform divided attention tasks.
Closed Course Studies
Assess the effects of alcohol on the integrated task of driving and define the impairment based on an overall degradation in the driver’s skill.
Scientific and legal definition of impairment is related to case:
R. v. Stellato
Explain the “Laurell Study”
Simulated unexpected situation by having a human shaped obstacle blocking the road, driver subjects had BAC < 50 mg/mL. Half the participants crashed, which proves that low BAC causes impairment too.
In the second part a harsh maneuver was planted in the course and collision numbers increased, even with subjects that had BAC < 24 mg/mL.
What does epidemiological data assess?
Probability of a driver’s involvement in a motor vehicle collision as a function of the BAC.
True/False: As BAC level increases, crash risk increases.
True
Most extensive and versatile study on alcohol and impaired driving
Grand Rapids Study
Grand Rapids Study results (3)
- Drivers with BAC > 40mg/100mL have more single vehicle accidents and also more severe accidents than sober drivers.
- Drivers with a BAC of 100mg/mL were 6x more likely to cause an accident.
- Drivers with a BAC of 150mg/mL were 25x more likely to cause an accident.
What was Grand Rapids study useful for?
The result data was used to determine the legal limit of BAC in Canada
True/False: Identification of physical intoxication is objective
False, identification of physical intoxication is subjective.
Is impairment easily proven?
Impairment, while present at very low BAC’s is not easily proven in cases where lacking driving evidence or physicals.
True/False: In court, the presence of physical signs of intoxication is significant.
True
Yes, despite the fact that intoxication and BAC are not correlated well.
What are drug-facilitated sexual assaults?
Offenses in which victims are subjected to non-consensual sexual acts while they are incapacitated or unconscious due to the effects of alcohol and/or drugs, and are therefore unable to resist or consent.
True/False: As a forensic toxicologist you cannot provide expert opinion on consent.
True
Forensic toxicologists can only provide opinions on drugs and the effects of the drugs on the body.
Forensic toxicologists can provide opinion on….
- If a drug impairs the ability of the victim to fight back/resist
- If a drug impairs the ability of the victim to comprehend and understand the situation
Exemplify a typical sexual assault scenario
- Victim has one or more alcoholic drinks
- Drink left unattended
- Victim loses track of events
- Wakes up in a strange place
- May be inappropriately dressed/clothing may be worn wrong
- Inability to recall events (may result to delayed reporting)
What may lead to drug facilitated sexual assaults?
- Sexual predator spikes drink
- Voluntary use of recreational drugs
- Lack of knowledge about mixing different drugs
- Wide range of substances encountered