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Finals > HTA > Flashcards

HTA Flashcards

1
Q

MVC Collision Report

When should a collision report be made (3)

A

Fatality within 30 days

Injury

Damage exceeding $2,000

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2
Q

Duty to Report for passenger / Police Officer

How many days?

A

Passenger SHALL make a report

Police officer shall report within 10 days a written report

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3
Q

5 Emergency Situations you must be aware of when attending a collision

A
  1. Unsafe collision Scene
  2. injuried persons
  3. fires
  4. live wires
  5. hazardous materials
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4
Q

Types of physical evidence in a collision

A

Final position of vehicles and bodies

tire marks, metal marks debris, and damage to fixed objects

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5
Q

Two types of final positions in collisions

Controlled and Uncontrolled

A

Controlled = Position obtained after a collision (Person hits pedestrian then pulls over on side of road afterwards)

Uncontrolled = Position forced by collision (Car gets hit by truck, car slides across street and stops)

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6
Q

3 types of skid marks

A
  1. Skid marks (marks created by a locked tire, not moving)
  2. Scuff marks (created by tires rotating)
  3. Tire prints (rotating tires that is not sliding)
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7
Q

Types of Debris

A 
underbody - dirt / rust
vehicle liquids - oils / coolant
vehicle parts
cargo
road material
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8
Q

Report damage to highway

factors in reporting

A

• Every person– by accident or otherwise
–operates or drives a vehicle
– leads, rides or drives an animal
•and thereby damages any shrubs, trees, poles, lights, signs, sod or other property on a highway or fence bordering a highway• forthwith report to police–

*NOTE– Refers to HIGHWAY property

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9
Q

If there is a failure to remain for a collision, who can be arrested/charged?

A

Driver / Owner can be charged (Section 200.1.C)

Driver can be arrested

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10
Q

What type of offence is Failure to Stop

A

Dual procedure (320.16)

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11
Q

Definition of “Operate”?

A

Care or control

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12
Q

Where can an offence under 320.14(1)(a) take place?

-Operation while impaired - combined BAC and Drug

A

Anywhere

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13
Q

Motor Vehicle VS. Conveyance

A

Motor Vehicle: vehicle that is drawn, propelled or driven by means other than muscular power but does not include railway equipment

Conveyance (CC) - Means motor vehicle, vessel, aircraft or railway equipment

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14
Q

What must be determined to prove impairment?

A

Any symptoms of impairment.

From slight to great

320.14(1)(a) - The persons ability to operate it is impaired to ANY DEGREE by alcohol or drug or combination

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15
Q

What are some symptoms of impairment by alcohol?

A 
Unsteady feet
odour of alcoholic beverage on breath
eyes glossy
slurred speech
disorientation
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16
Q

Evidence of erratic driving

And despite these signs what are officers attempting to prove?

A 
weaving lane to lane
crossing centre line
excessively slow speed
stopping at the wrong spot at a traffic light
mountain curbs
wide turns

**It is the ability to operate, NOT the operation that must be shown to be impaired

17
Q

What are the Facts in Issue to prove for operation while impaired?

A

Operation of vehicle (care and control)

of a conveyance

Persons ability to operate is impaired by alcohol / drug

18
Q

R v Boudreault

Essential elements of care or control

A

Intentional course/conduct with motor vehicle

ability to drive is impaired (drug/alcohol)

Realistic risk of danger to persons or property

19
Q

What is presumption of operation?

A

Accused occupied seat/position ordinarily occupied by a person who operates conveyance, accused presumed to have been operating the conveyance unless stablished they did not

20
Q

If you have formed RG to believe driver is impaired by alcohol/drug what can you do? what authority are you acting on?

A

Arrest for impaired operation

Breath Demand - demanding they come with you to provide samples of breath into Approved Instrument

21
Q

What are the sequence of events in a proper arrest for impaired?

A

Arrest/Handcuff/Search

RTC

Caution

Breath Demand

22
Q

What are two “approved instruments” for alcohol only

A

Intoxilyzer 5000C

Intoxilyzer 8000C

23
Q

When should a breath / blood sample be done for Alcohol?

Within what time limit after after operating a conveyance?

A

As soon as practicable

-Within 2 hours after ceasing to operate a conveyance

24
Q

If person blows over 80mgs what are you charging with?

A

Operation while impaired - 80 and above BAC

25
Q

When is a Blood Demand practical / advised?

A

Physically unable to provide breath demand due to physical deformity / injury

26
Q

Who can perform a blood sample?

Can they refuse to perform a blood sample?

A

Physician / qualified technician

They can refuse with no criminal / civil liability

27
Q

If you have reasonable grounds to believe someone is operating a conveyance while impaired by drug what do you do?

A

DRE demand / Blood demand

28
Q

According to R vs Pavel

Which officer shall make a demand for breath / blood / DRE?

A

The Officer who forms the grounds must be officer who makes the demands

29
Q

If an Officer provides a breath demand what approved instrument will be tested on?

If it were a Drug demand what instrument will it be?

A

Intoxilyzer 8000 (BAC)

DRE (Drug)

30
Q

When would you use an ASD?

A

When you do not have RG to believe to arrest for impaired but have RG to suspect alcohol in body

31
Q

What is the difference between RG to believe and RG to suspect?

A

RG to Suspect has a lower threshold than RG to believe

32
Q

Is the smell or odour of an alcoholic beverage on a drivers breath OR a drivers admission of consuming alcohol enough for RG to susepct?

A

Yes

Smell/odor and admission is enough for RG to suspect

33
Q

When is an ASD demand made?

A

Immediately

34
Q

Drager Alcotest readings

A

10mg - 49mg (Novice/young commercial drivers offences) - This reading is a PASS for full G driver

50-99mg read as A for warn / ALERT - result in immediately 3,7, 30 day road side suspension but no charge

over 100mg result F for Fail - provides officer RG for 80 and above - Arrest for this offence

35
Q

What is the ASD used for in terms of charges? Is it an offence to fail an ASD reading?

A

Failing an ASD reading is not an offence, it gives Officers RG to believe person has over 80mg/100ml BAC

36
Q

What are the steps after failing an ASD?

A

Arrest driver for 80 and above

RTC / Caution

Breath demand for approved instrument (2nd demand)

Take person to station for breath test

If result is 80 or higher - charge accordingly

37
Q

What happens if a person refuses a Demand?

A

Charge > 90 Day ADLS / 7 day impound > Release on appearance notice

38
Q

What are 3 factors to consider for BAC?

A

Gender
Metabolism
Weight

Finals (6 decks)

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