Impaired Driving Flashcards
(44 cards)
s. 320.14(1)(a) - Impaired Driving
Everyone commits an offence who:
(a) operates a conveyance
(b) while persons ability to operate is impaired
(c) to any degree by alcohol or drug or by combination
s. 320.14 - Operation while impaired. What are the remaining impaired charges?
(1) operation while impaired - combination
(2) operation causing bodily harm
(3) operation causing death
(4) operation while impaired - blood drug concentration
Definition of “Operate”
(a) motor vehicle - to drive it or have care and control
(b) vessel/aircraft - to navigate or assist in navigation, or have care and control
(c) railway - direct control of its motion, or to have care or control over it
Where can an offence under s320.14(1)(a) take place?
Anywhere
Definition of Motor Vehicle
(1) means a vehicle that is drawn
(2) propelled or driven
(3) by any means other than muscular power
(4) but does not include railway equipment
Definition of Conveyance
(1) motor vehicle
(2) vessel
(3) aircraft
(4) railway equipment
How do we determine a persons ability to operate?
(1) must determine person’s ability to operate the conveyance was impaired by alcohol or drug
(2) impairment symptoms do not have to be extreme
R. v. Stellato
“Any impairment ranging from slight to great”
What are some symptoms of impairment by alcohol?
(1) unsteady on feet
(2) odour of an alcoholic beverage on breath
(3) eyes glossy, bloodshot and watery
(4) slurred speech
(5) disorientation
(6) poor fine motor skills
Provide evidence for erratic driving?
(1) weaving from lane to lane
(2) crossing centre line
(3) excessively slow speeds
(4) stopping at wrong spot
(5) mounting curbs
(6) wide turns
(7) fluctuation in speeds
Care and Control meaning
Generally implies an intention to set in motion or assume some measure of control
Essential Elements of Care or Control are (R. v. Boudreault)?
(1) intentional course of conduct (Officer must connect the subject to the conveyance)
(2) a person whose ability to drive is impaired or whose BAL exceeds legal limit
(3) circumstances create realistic risk to persons or property (when assessing this element you must consider 3 possibilities)
- could vehicle be accidentally set in motion?
- person have intent to set vehicle in motion?
- person in the operators seat or not?
Presumption of operation means
courts draw a particular inference from a particular fact, or from particular evidence, until truth of such evidence is disproved
s. 320.35 - Presumption of Operation
It is proved that the:
(1) accused occupied the seat or position ordinarily occupied
(2) by a person who operates a conveyance
(3) accused is presumed to have been operating the conveyance
(4) unless they establish they did not occupy that seat
Can the defence rebut the presumption?
Yes. By testifying in court and producing a valid reason the court will believe, why they were sitting in the drivers seat, and did not have the intention to drive.
Regarding Care and Control. If the suspect is not in the operator’s seat, there are two possibilities to prove. What are they?
(1) Is there a present intention to drive
(2) is their a realistic risk:
(a) intention may change
(b) unintentionally sets vehicle in motion
(c) negligence, bad judgement, stationary or
inoperable vehicle may endanger
persons/property
Care and Control examples:
fall asleep at stop light
changing tire at side of road
sleeping in parked car
involved in collision
Test for Care and Control (R. v. Boudreault)
(1) level of impairment and time it would take accused to become fit to drive
(2) keys were in the ignition or readily available
(3) vehicle running
(4) location of vehicle
(5) accused’s dispostion/attitude
(6) did accused drive vehicle to where it was found
(7) did accused pulled over to sleep it off
(8) plan to get home that did not involve driving impaired/legal limit
(9) intention to resume driving
(10) wearing seatbelt
(11) seated in drivers seat
(12) take advantage of alternate means
(13) cell phone to make alternate arrangements
After arrest for impaired, what authority gives you the right to take the accused to the Police Station?
Breath demand
What are the sequence of events for an impaired arrest?
(1) arrest, handcuff, search
(2) RTC
(3) Caution
(4) breath demand
(5) document
s. 320.28(1) - Samples of Breath or Blood - Alcohol
(1) PO has RG to BELIEVE
(2) person has operated a conveyance
(3) while impaired to any degree
(4) committed offence under 320.14(1)(b)
(5) by consuming alcohol
(6) by demand provide as soon as practicable
(7) sample of breath or blood
s. 320.14(1)(b) Operation While Impaired - 80 and above
Everyone commits an offence
(1) within 2 hours after ceasing to operate a conveyance
(2) a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100ml of blood
R. v. Prosper - Rights to Counsel
(1) record what steps are taken to contact council of choice
(2) was a reasonable time to allow counsel to call back
(3) ensure charter protected right to counsel is not too easily waived
(4) additional obligation on police if accused changes mind and waives legal advice
(5) accused who persists waiving legal advice must clearly understand what they are giving up
When would you demand blood instead of breath?
(1) driver physically unable to provide breath
(2) impractical - hospitalized or doctor won’t allow it
Blood demand
(1) same grounds as breath demand
(2) due to physical condition
(3) incapable of giving breath or impracticable
(4) must understand
(5) physician/technician must have opinion taking blood would not endanger person’s life
***Physician has ultimate say. Not criminally or civilly liable
If blood sample is taken, can you test for both alcohol and drugs?
Yes
