Impaired Operation Flashcards
Name all five charges related to impaired
- Impaired operation [S.253 (1)(a) C.C]
- Impaired care and control
- Over 80 operation [S.253 (1)(b) C.C]
- Over 80 care and control
- Refuse to provide sample
How do you prove impairment?
- driving behaviour
- symptoms (must have for impairs)
What are symptoms for impairment?
- Odour of alcoholic beverage from the breath
- Motor skills (unbalanced)
- Slurred speech
- Blood shot and glassy eyes
How do you prove operation?
In motion
- Saw them driving
- Witness
- Admission
- Physical evidence (CCTV)
How do you prove care and control
Not in motion
- Intent to drive
- admission, witness, location - Realistic risk to cause danger to the public
- past out at a red light, could be set off
5 Lawful Demands
Methods of testing
- Intoxilyzer / breathalyzer
- Drug recognition Expert (DRE)
- Blood
- Approved screening device (ASD)
- Standard Field Sobriety test (SFST)
Outcome of a over 80, refusal, impaired by drugs
90 days automatic driver licences suspicion (ADLS)
7 day vehicle impoundment program (VIP)
For use of ASD what do you as an officer need ?
- Driver had been drinking no impaired evidence
2. Reasonable Grounds to suspect alcohol in their body
What are the possible ASD results?
- Pass (0-0.01)
- Calibrated reading (0.01-0.049)
- Alert/Warn (0.05-0.10)
- Fail (>0.10)
Except for G1/G2 & Young drivers suspension
What happens if they fail an ASD?
- Failing ASD is not an offence
- Fail = reasonable grounds to believe person has over 80mg/100ml BAC
- Arrest for “drive over 80”
- RTC/ Caution
- Read breath demand 2nd one
- Take to station for a breath test
- If result is over 80, charge them with
S.253(b)
What is
Presumption S.258(1)(a)C.C
Where accused is found occupying seat or position ordinarily occupied by operator of M/V … The accused SHALL be deemed to have care or control of the vehicle… Unless the accused can prove otherwise did not have purpose of setting in motion
What are the charge for refuse, over 80
90 day ADLS
7 day VIP
Blood Demand
- Reasonable Grounds to believe (over 80, impaired by drugs)
- Due to physical condition not capable of giving breath OR impracticable
- Physician must be of opinion that taking the blood wouldn’t endanger the person’s life.
- Criminal Code Search warrant if they refuse
Impaired by Drugs
- Reasonable Grounds to believe
- Consumption alcohol or drugs or both
- is committing or anytime within the preceding 3 hours offence under S.253 (1) (a) C.C (Operation while impaired)
- As soon as practicable (Demand)
Drug Demand
- Drugs Alone (no smell of a alcoholic beverage)
- DRE called in
- Will give demand as soon as practicable after you form grounds within 3 hour time limit.
