HTA Flashcards
MVC Collision Report
When should a collision report be made (3)
Fatality within 30 days
Injury
Damage exceeding $2,000
Duty to Report for passenger / Police Officer
How many days?
Passenger SHALL make a report
Police officer shall report within 10 days a written report
5 Emergency Situations you must be aware of when attending a collision
- Unsafe collision Scene
- injuried persons
- fires
- live wires
- hazardous materials
Types of physical evidence in a collision
Final position of vehicles and bodies
tire marks, metal marks debris, and damage to fixed objects
Two types of final positions in collisions
Controlled and Uncontrolled
Controlled = Position obtained after a collision (Person hits pedestrian then pulls over on side of road afterwards)
Uncontrolled = Position forced by collision (Car gets hit by truck, car slides across street and stops)
3 types of skid marks
- Skid marks (marks created by a locked tire, not moving)
- Scuff marks (created by tires rotating)
- Tire prints (rotating tires that is not sliding)
Types of Debris
underbody - dirt / rust vehicle liquids - oils / coolant vehicle parts cargo road material
Report damage to highway
factors in reporting
• Every person– by accident or otherwise
–operates or drives a vehicle
– leads, rides or drives an animal
•and thereby damages any shrubs, trees, poles, lights, signs, sod or other property on a highway or fence bordering a highway• forthwith report to police–
*NOTE– Refers to HIGHWAY property
If there is a failure to remain for a collision, who can be arrested/charged?
Driver / Owner can be charged (Section 200.1.C)
Driver can be arrested
What type of offence is Failure to Stop
Dual procedure (320.16)
Definition of “Operate”?
Care or control
Where can an offence under 320.14(1)(a) take place?
-Operation while impaired - combined BAC and Drug
Anywhere
Motor Vehicle VS. Conveyance
Motor Vehicle: vehicle that is drawn, propelled or driven by means other than muscular power but does not include railway equipment
Conveyance (CC) - Means motor vehicle, vessel, aircraft or railway equipment
What must be determined to prove impairment?
Any symptoms of impairment.
From slight to great
320.14(1)(a) - The persons ability to operate it is impaired to ANY DEGREE by alcohol or drug or combination
What are some symptoms of impairment by alcohol?
Unsteady feet odour of alcoholic beverage on breath eyes glossy slurred speech disorientation
Evidence of erratic driving
And despite these signs what are officers attempting to prove?
weaving lane to lane crossing centre line excessively slow speed stopping at the wrong spot at a traffic light mountain curbs wide turns
**It is the ability to operate, NOT the operation that must be shown to be impaired
What are the Facts in Issue to prove for operation while impaired?
Operation of vehicle (care and control)
of a conveyance
Persons ability to operate is impaired by alcohol / drug
R v Boudreault
Essential elements of care or control
Intentional course/conduct with motor vehicle
ability to drive is impaired (drug/alcohol)
Realistic risk of danger to persons or property
What is presumption of operation?
Accused occupied seat/position ordinarily occupied by a person who operates conveyance, accused presumed to have been operating the conveyance unless stablished they did not
If you have formed RG to believe driver is impaired by alcohol/drug what can you do? what authority are you acting on?
Arrest for impaired operation
Breath Demand - demanding they come with you to provide samples of breath into Approved Instrument
What are the sequence of events in a proper arrest for impaired?
Arrest/Handcuff/Search
RTC
Caution
Breath Demand
What are two “approved instruments” for alcohol only
Intoxilyzer 5000C
Intoxilyzer 8000C
When should a breath / blood sample be done for Alcohol?
Within what time limit after after operating a conveyance?
As soon as practicable
-Within 2 hours after ceasing to operate a conveyance
If person blows over 80mgs what are you charging with?
Operation while impaired - 80 and above BAC
When is a Blood Demand practical / advised?
Physically unable to provide breath demand due to physical deformity / injury
Who can perform a blood sample?
Can they refuse to perform a blood sample?
Physician / qualified technician
They can refuse with no criminal / civil liability
If you have reasonable grounds to believe someone is operating a conveyance while impaired by drug what do you do?
DRE demand / Blood demand
According to R vs Pavel
Which officer shall make a demand for breath / blood / DRE?
The Officer who forms the grounds must be officer who makes the demands
If an Officer provides a breath demand what approved instrument will be tested on?
If it were a Drug demand what instrument will it be?
Intoxilyzer 8000 (BAC)
DRE (Drug)
When would you use an ASD?
When you do not have RG to believe to arrest for impaired but have RG to suspect alcohol in body
What is the difference between RG to believe and RG to suspect?
RG to Suspect has a lower threshold than RG to believe
Is the smell or odour of an alcoholic beverage on a drivers breath OR a drivers admission of consuming alcohol enough for RG to susepct?
Yes
Smell/odor and admission is enough for RG to suspect
When is an ASD demand made?
Immediately
Drager Alcotest readings
10mg - 49mg (Novice/young commercial drivers offences) - This reading is a PASS for full G driver
50-99mg read as A for warn / ALERT - result in immediately 3,7, 30 day road side suspension but no charge
over 100mg result F for Fail - provides officer RG for 80 and above - Arrest for this offence
What is the ASD used for in terms of charges? Is it an offence to fail an ASD reading?
Failing an ASD reading is not an offence, it gives Officers RG to believe person has over 80mg/100ml BAC
What are the steps after failing an ASD?
Arrest driver for 80 and above
RTC / Caution
Breath demand for approved instrument (2nd demand)
Take person to station for breath test
If result is 80 or higher - charge accordingly
What happens if a person refuses a Demand?
Charge > 90 Day ADLS / 7 day impound > Release on appearance notice
What are 3 factors to consider for BAC?
Gender
Metabolism
Weight
