Impaired Driving Flashcards
Authority to pull over
- HTA s. 216(1)
- Common law to protect public and preserve peace if violence observed
s. 320.27(1) - Grounds for Testing: reasonable grounds to suspect operated w/in 3 hours and has drug or alcohol.
IF GROUNDS ->
- 320.27(1)(a): SFST tests (drugs or alcohol)
- 320.27(1)(b): ASD (alcohol)
- 320.27(1)(c): ADSE / bodily (urine or blood) sample (drugs)
s. 320.27(2) – Mandatory Alcohol Screening (MAS) Demand Requirements:
- Vehicle stopped for proper reason; and
- ASD in possession
s. 320.28(1)(a)(i) - Grounds for Breath Demand
RPG
R. v. Stellato
any degree of impairment ranging from slight to great = guilty
s. 320.35 - presumption
Presumption of operation if seated in driver’s seat – on A to rebut
s. 320.31(1) & (2) – presumption of accuracy:
If the breath samples are received in an approved instrument operated by QBT the result of the analysis is conclusive proof (presuming it’s done correctly)
s. 320.31(4) - presumption after 2 hours
presumption after 2 hours: amount from (1) & (2) + 5mg per 30 minutes.
- Mandatory mins s. 320.19
Alcohol or Blood and Alcohol
1st offence
(80-119) 1000
(120-159) 1500
160+) 2000
2nd offence 30 days
3rd offence 120 days
Refusal $2000
Notice of Increased Penalty s. 727
- reviewable by court and triggers s. 7:
o must if w/in 5 yrs
o may if w/in 10 yrs
time calculated from date of conviction to date of new offence - Consecutive sentences for fail to provide, flight, etc.
R. v. Parada
Don’t need to be an expert for SFST (officer does need extra training/ certification)
R. v. Breault
(Absent unusual circumstances) an ASD demand is invalid if the motorist cannot comply with the demand immediately because the ASD is not on scene when the ASD demand is made.
Same standard as MAS.
R. v. McColman
s. 48(1) of Ontario’s Highway Traffic Act does not permit police officers to conduct random sobriety checks on private property.
Officers CAN stop people on private property if they already have RPG.
