HTA - Impaired Flashcards
s. 320.14(1)(a)
Ability to Operate - Impaired
4
Everyone commits offence who 1 - operates a conveyance 2 - while the persons ability to operate it is impaired to ANY DEGREE 3 - by alcohol or drugs or combination 4 - Can happen ANYWHERE
Sequence of Events - ARREST for Impaired Operation (alcohol)
10
1 - Arrest for impaired, handcuff and search
2 - RTC
3 - Caution
4 - Demand - breath demand from memo book
5 - Locate closest available technician
6 - Tow or otherwise secure vehicle
7 - Get a secondary officer to look after car while you go to station for breath test
8 - Transport accused to facility to call lawyer and then intoxilizer tests
9 - If blows over 80, the technician will provide you with charges
10 - Serve the techs documents to accused before release from custody
s. 320.27(1) C.C.
ADSE - Approved Drug Screening Equipment Demand
3
1 - Immediately provide a sample of Oral Fluid (saliva)
2 - tests ONLY for the presence of cocaine/THC
3 - only confirms the presence of the drugs, does not tell you the amount
ASD Demand
When can you give demand?
- SUSPECT alcohol in their system but NO grounds for impairment
Breath Demand
When do you use it?
(2)
1 - used after arrest is made for impairment
OR
2 - arrest made for over 80 after the accused fails ASD test
(SFST) - Standard Field Sobriety Test
WHO? (1)
1 - trained officer who take the SFST course
Symptoms of Impaired by Alcohol
- unsteady on feet, blood shot eyes, slurred speech, odour of alcoholic beverage, disorientation
s. 320.11
Operate - DEFN under C.C.
4
To have care and control of Conveyance: 1 - motor vehicle 2 - vessel 3 - aircraft 4 - railway equipment
Conveyance
s. 320.11 C.C.
DEFN (4)
1 - Motor vehicle
2 - Vessel
3 - Aircraft
4 - Railway Equipment
Evidence of Erratic Driving
- weaving lane to lane, crossing centre line, slow speed, mounting curbs, wide turns
Care or Control
DEFN
- Implies an INTENTION to set in motion or assume some measure of control
Essential Elements of Care and Control (3)
1 - Intentional course of conduct associated with a motor vehicle
2 - by a person whose ABILITY to drive is impaired or whose BAC exceeds legal limit
3 - in circumstances that create a REALISTIC risk of danger to a person/property
R v. Boudreault
14 Point Test Care and Control
1 - Level of impairment 2 - Keys in ignition 3 - vehicle running 4 - location of vehicle 5 - reached destination 6 - disposition and attitude 7 - accused drove to destination 8 - sleep it off 9 - plan to get home 10 - stated intention to resume driving 11 - wearing seatbelt 12 - seated in driver seat 13 - alternative means of leaving 14 - made other arrangements
Sequence of Events - Breath Demand
6
1 - Arrest 2 - Handcuff 3 - Search 4 - RTC 5 - Caution 6 - Breath Demand
Operation while Impaired - ANYWHERE
s. 320.14(1)
A+B+C+D
A - Operates a conveyance while ability to operate is impaired to ANY degree by alcohol or drugs or both
B - WITHIN 2 hours after ceasing to operate a conveyance has a BAC equal or greater then .80
C - WITHIN 2 hours of operating conveyance has BLOOD to DRUG concentration exceeding limits for said drug
D - WITHIN 2 hours combination exceeds limits
Presumption of Operation
s. 320.35
- if it is proved that accused occupied the seat or position of operation normally by person who operates conveyance they are presumed to have been operating the conveyance UNLESS they can prove they did not occupy for purpose of setting the conveyance in motion
Samples of Breath or Blood - Alcohol
s. 320.28(1)
- PO has RG to believe a person operated conveyance while impaired to ANY degree by consumption of alcohol must provide sample by blood or breath by DEMAND of PO as soon as practicable
Blood Demand
- due to a persons physical conditions they are incapable of giving a breath demand, a PHYSICIAN must be of opinion taking blood would not endanger life and agree to take blood for PO
- blood may be tested for drugs as well as alcohol
Presumption - Blood Alcohol Concentration
s. 320.31(4)
- if the samples were taken 2+ hours after the person ceased to operate conveyance and their current BAC is over 20, add additional 5 mg for each 30 min in excess of the those two hours
Impaired by Drugs/Combination
s. 320.28(2)
- PO has RG to believe a person operated conveyance while impaired by drugs/combination
- Demand DRE as soon as practicable
Drug Demand
- Drugs alone, no smell of alcohol, brought to Evaluating Officer (EO) for DRE
R v. Pavel
The officer who forms the grounds must be the officer who makes the demands
Testing for Presence of Alcohol or Drug
s. 320.27
- PO has RG to suspect that alcohol or drug in suspects body
AND
has within proceeding 3 hours operated conveyance - PO may demand SFST (standardize field sobriety test), breath by ASD or samples into ADSE
Reasonable Grounds to Suspect
- courts have determined the SMELL or ODOUR or drivers ADMISSION to consuming alcoholic beverage RG to suspect
Fail on ASD
Fail ASD is not offence, it just means you have RG to believe person has over 80 BAC
ARREST for 80 and over
ASD Readings
3
F (Fail) - .100 and over
A (Alert/Warn) - .50-.99
P (Pass) - .10-.49 - G1+G2 driver suspension
s. 320.27(2)
Mandatory Alcohol Screening (3)
1 - PO has ASD in their possession
2 - PO acting lawful
3 - may Demand a breath sample from the operator of Motor Vehicle
s. 320.15(1)
Refusal/Failure to comply with Demand
3
1 - Everyone who without reasonable excuse
2 - Fails/Refuses to comply with demand
3 - Applies to ALL demands (Blood, breath, Screening)
s. 320.15(2)
Accident Resulting in BH
3
1 - Committing offence under 320.15
2 - at time of refusal, knows they were involved in accident
3 - that resulted in BH to another person
s. 320.15(3)
Accident Resulting in Death
3
1 - Committing offence under 320.15
2 - at time of refusal, knows they were involved in an accident
3 - resulted in Death of another person
Suspension/Impound
90/7
- 90 Days DL Suspension
- 7 Days vehicle impound
Offences for Suspension/Impound
- .80 and above, Drug (DRE), Combination OR Fail/Refuse
- does not apply to impaired by alcohol offences alone
Single Vehicle Collision
4
1 - Person involved in collision
2 - No witnesses
3 - Provincial requirement to report
4 - Information received by driver (cannot be used against them)
R v. White
Information provided from accused to police as result to make MVC report, information cannot be used in criminal proceedings
