impaired driving Flashcards

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1
Q

Actus Reus

A

-operation of a vechile
-the person operating the vechile has to be in physcial control

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2
Q

Drug and alcohol imparied

A

-individual must be affected by drink or drug that interferes with their capacity to drive safely

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3
Q

public roadway or public accesible area

A

-vechile must be operated on a public roadway or in a public accesible area

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4
Q

Act with intention or voluntary consent

A

-driving a car while intoxicated needs to be done voluntaryly or intention

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5
Q

Mens Rea

A

-intention
-general intent
-specific intent
-willful blindness
-recklessness
-criminal negligence

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6
Q

punishments

administrative fines

A

-some provinces can issue IRP
-you can get finsed if yu refuse to take/fail a sobreity test

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7
Q

punishments

-drving while intoxicated

A

-if found guilty of driving while intocxicated then you can get fined

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8
Q

suspension from driving

A

-immediate suspension
-if fouund under the influence then license may be suspended

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9
Q

licesnes disqualification

A

-being found guilty the individual may be subjectedto a required driving ban for one year on their first charge

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10
Q

ignition interlock devices

A

-judge mandates installation of ignition interlock
-driver has to do a breathing sample verytime they start the car

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11
Q

programs for education

A

-offenders particiapte in educational courses about the dangers of being intoxicated

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12
Q

prision sentance

A

-issues to repeated offenders

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13
Q

automark seizure

A

-offenders vechile impounded
-increased insurance

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14
Q

defenses of impaired driving

testing delays

A

-any BAC test performed after two hours is invalid

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15
Q

defenses of impaired driving

improper breathalyzer

A

-results may ne questioned if the vehcile wasnt properly caliberated before each use

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16
Q

defneses of impaired driving

certificate not served

A

-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

17
Q

defenses of imapried driving

Differing opinions of intoxications

A

-difference in officers opinion may lead to charges being dropped

18
Q

defenses to imparied driving

insufficant evidence of impariement

A

-driver must have somone to witness and testify to their intoxication
-somone admits under oath the driver was acting intoxicated

19
Q

defenses of imparied driving

illgeal stop

A

-any evidence may not be amdissble aressinf backed reasonable and probable cause