impaired driving Flashcards
Actus Reus
-operation of a vechile
-the person operating the vechile has to be in physcial control
Drug and alcohol imparied
-individual must be affected by drink or drug that interferes with their capacity to drive safely
public roadway or public accesible area
-vechile must be operated on a public roadway or in a public accesible area
Act with intention or voluntary consent
-driving a car while intoxicated needs to be done voluntaryly or intention
Mens Rea
-intention
-general intent
-specific intent
-willful blindness
-recklessness
-criminal negligence
punishments
administrative fines
-some provinces can issue IRP
-you can get finsed if yu refuse to take/fail a sobreity test
punishments
-drving while intoxicated
-if found guilty of driving while intocxicated then you can get fined
suspension from driving
-immediate suspension
-if fouund under the influence then license may be suspended
licesnes disqualification
-being found guilty the individual may be subjectedto a required driving ban for one year on their first charge
ignition interlock devices
-judge mandates installation of ignition interlock
-driver has to do a breathing sample verytime they start the car
programs for education
-offenders particiapte in educational courses about the dangers of being intoxicated
prision sentance
-issues to repeated offenders
automark seizure
-offenders vechile impounded
-increased insurance
defenses of impaired driving
testing delays
-any BAC test performed after two hours is invalid
defenses of impaired driving
improper breathalyzer
-results may ne questioned if the vehcile wasnt properly caliberated before each use
defneses of impaired driving
certificate not served
-expert must provide you with a certificate veryimg your level of alcholol in your blood
-if the crown fails to prove that you receavived this certfiicate then charges are dropped
defenses of imapried driving
Differing opinions of intoxications
-difference in officers opinion may lead to charges being dropped
defenses to imparied driving
insufficant evidence of impariement
-driver must have somone to witness and testify to their intoxication
-somone admits under oath the driver was acting intoxicated
defenses of imparied driving
illgeal stop
-any evidence may not be amdissble aressinf backed reasonable and probable cause
