Highway Traffic Act Final Flashcards
What are some symptoms of impairment of Alcohol?
SYMPTOMS OF IMPAIRMENT BY ALCOHOL
Unsteady on feet (how, where located, foot wear) Odour of an alcoholic beverage on breath
Eyes glossy, bloodshot and watery Slurred speech (how was it slurred?)
Disorientation (doesn’t know where they are/ going the wrong way) Unable to produce or difficulty producing proper documentation (i.e.
hands you their health card instead of driver’s licence)
what are some erratic driving behaviors?
EVIDENCE OF ERRATIC DRIVING
Driving behaviour is nice to have but not necessary
Weaving from lane to lane Crossing the centre line Excessively slow speed
Stopping at the wrong spot at a traffic light Mounting curbs
Wide turns
All important information (noted in memo book)
It is the ability to operate, NOT the operation that must be shown to be impaired
What is the definition of conveyance?
CONVEYANCE (s. 320.11 C.C)
a motor vehicle, a vessel,
an aircraft OR railway equipment
What is the definition of “operate”?
OPERATE (s. 320.11 C.C)
(a) in respect of a motor vehicle, to drive it or to have ***care or control*** of it;
(b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and
(c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise.
What is the intention of care or control?
CARE OR CONTROL
No definition for “Care or control” in Criminal Code
Generally implies an intention to set in motion or assume some measure or control
The Supreme Court has provided guidance in determining whether someone has care or control of the motor vehicle
What are the 3 essential elements of care or control?
ESSENTIAL ELEMENTS OF CARE OR CONTROL
- An intentional course of conduct associated with a motor vehicle;
- By a person whose ability to drive is impaired or whose blood alcohol level exceeds the legal limit;
- In circumstances that create a realistic risk of danger to a persons or property
Section 320.14 - CC - Operation while impaired
Where does this offence have to take place?
What conditions must be met to charge for this offence?
A, B,C,D
s. 320.14(1) C.C – OPERATION WHILE IMPAIRED - ****ANYWHERE
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 combination
b) within two hours after ceasing to operate a conveyance, has a blood alcohol concentration
that is equal to or exceeds 80 mg of alcohol in 100 mL of blood; or
c) within two hours after ceasing to operate a conveyance, has a blood drug concentration
that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
d) within two hours after ceasing to operate a conveyance,
has 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.
Section 320.35 CC - Presumption of Operation
What needs to be proved for Presumption of Operation?
s. 320.35 C.C – PRESUMPTION OF OPERATION
In proceedings in respect of an offence under section 320.14 or 320.15, if it is proved that the accused occupied the seat or position
ordinarily occupied by a person who operates a conveyance,
the accused is presumed to have been operating the conveyance
UNLESS they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion.
Section 320.28(1) Samples of Breath or Blood - Alcohol
What must you have to conduct a breath or blood sample?
When is the sample of breath or blood needed to be provided?
s. 320.28(1) C.C – SAMPLES OF BREATH OR BLOOD — ALCOHOL
P.O. has reasonable grounds to believe
That a person has operated a conveyance while impaired to any degree by alcohol; OR committed an offence under 320.14(1)(b)
By demand Provide AS SOON AS PRACTICABLE
Samples of breath or blood
Section 320.31(4) CC - Presumption - Blood Alcohol Concentration -
When do the samples get retrieved (after how many hours)?
Are they currently operating the conveyance and, is the BAC equal or exceeding 20?
How do you establish what their BAC was when they stopped drinking?
s. 320.31(4) C.C – PRESUMPTION — BLOOD ALCOHOL CONCENTRATION
For the purpose of paragraphs 320.14(1)(b) and (d),
if first of the samples of breath/blood was taken, more than two hours after the person ceased to operate the conveyance AND
the person’s blood alcohol concentration was equal to or exceeded 20 mg of alcohol in 100 mL of blood,
Add on an additional 5 mg of alcohol in 100 mL of blood for every interval of 30 minutes in excess of those two hours.
s. 320.28(2) C.C – EVALUATION AND SAMPLES OF BLOOD — DRUGS
What must you have to contact an evaluation or sample for drugs?
When do you conduct the test? and what system is required to test it?
s. 320.28(2) C.C – EVALUATION AND SAMPLES OF BLOOD — DRUGS
Reasonable grounds to believe
A person has operated a conveyance while impaired by the consumption of a drug or a combination of alcohol and a drug
AS SOON AS PRACTICABLE (demand DRE) or (blood demand)
When can you make a drug demand?
Who conducts a drug evaluation?
DRUG DEMAND
o Drugs alone (no alcohol smell) may make drug demand
o Brought before Evaluation Officer (EO)–Drug Recognition Evaluation (DRE)
o Conduct numerous tests to determine if persons ability to operate a conveyance is impaired by drugs
o If you smell alcohol in addition, use breath demand
What does the Case law of R. V Pavel detail?
Which officer requests a sample demand?
CASE LAW R v. PAVEL
Officer who forms the grounds must be the officer who makes the demand
S 320.27 CC -Testing for Presence of Alcohol or Drug
What must an officer have to test for presence of alcohol or drugs?
What time frame must have have operated a conveyance?
What demands can a Peace Officer demand?
s. 320.27 C.C – TESTING FOR PRESENCE OF ALCOHOL OR DRUG Reasonable grounds to SUSPECT
has alcohol or a drug in their body,
AND has within the preceding three hours, operated a conveyance
A Peace Officer may by demand:
• to immediately perform physical tests (SFST)
• to immediately provide samples of breath into an ASD (Approved Screening Device)
• to immediately provide samples of a bodily substance into an ADSE
(Approved Drug Screening Equipment)
Is smelling or an odor of an alcoholic beverage on a drivers breath enough grounds for “reasonable grounds to suspect”?
REASONABLE GROUNDS TO SUSPECT:
Courts have determined the smell or odour of an alcoholic beverage on a driver’s breath or the driver’s admission to consuming alcohol is enough grounds for “Reasonable grounds to Suspect”
