# Impaired
## Officers evidence

Background
* identify Cst. by name, current rank, jurisdiction, current assignment, duration of employment as a peace officer
* confirm whether working and on duty on offence date and at offence time / confirm specific assignment at the time
* officer's training or experience in dealing with impaired drivers
Cause for Contact with Accused
* confirm that officer made contact with an individual by the name of the accused / confirm if person is in court today
* how officer first come in contact with accused / reason for stopping accused (pull over, MV collision, response to 911 call)
* what the officer knew about the accused before making contact
* time when first made contact / others present with officer at the time / others present with accused at the time
* Whether the accused was seen driving / time of observation / Make and model of vehicle / Licence plate number
* Any observations of the manner in which the Accused drove
Contact with accused
* Discuss what happened at initial contact / details on interaction
* confirm whether officer informed the accused of reason for stopping them
* determine how officer was able confirm the identity of the accused
* the demeanor / mood and physical condition of the accused
Reasonable suspicion for Road-side Demand
* whether there was a decision to make demand / timing of decision
* confirm whether the officer formed a reasonable suspicion that
** the accused was driving and
** the accused had alcohol in system within last 3 hours
* review the grounds of suspicion
** at time of decision to demand what was demeanor / mood and physical condition of accused
** review signs observed (slurred speech, bloodshot eyes, smell of alcohol from breath/from vehicle, unsteady movements, mumbling, not able to walk straight, falling asleep, poor coordination, etc.)
** review observations of driving (crossing lines, not obey rules of road, headlights off at night)
Making the Demand for roadside test
* whether the demand was made / wording of demand / timing of demand
* review any reasons for delays between decision and demand
Administering Roadside test
* discuss officer administering the roadside test
* review procedure of the test / results / timing of each test
* review reasons for any delay between the demand and the test / was it most direct route
* confirm whether the device was an "approved" device
* conclusion of the results
Reasonable grounds of impairment
* opinion on whether the accused's ability to operate the vehicle was impaired:
** belief of accused driving within last 3 hours
** belief of driving ability affected by impairment
** belief of impairment due to alcohol
Making the Demand for Breathalyser test
* made demand / read from card / time of reading
* signs that the accused understood / accused's answer
* advised of right to lawyer (10(b) right) / read from card / time of reading
* was accused arrested / timing of arrest
Accessing counsel, if requested
* review the steps that the officer took to facilitate access to counsel
* access to phone was private
* timing and duration of the phone call

## Breath Tech

Making the Demand for Breathalyser test
* made demand / read from card / time of reading
* signs that the accused understood / accused's answer
* advised of right to lawyer (10(b) right) / read from card / time of reading
* was accused arrested / timing of arrest
Accessing counsel, if requested
* review the steps that the officer took to facilitate access to counsel
* access to phone was private
* timing and duration of the phone call
Calibration of Machine
* device used / whether it is an approved screening device
* timing of last calibration
* method of calibrating test (purged with a blank test followed by an external test) / readings given
Timing Breathalyser test
* time taken between demand and arrival at machine / most direct route / stops in between / any other delays / time taken to set up the machine
* timing of beginning test
Breath Tests
* used new mouth piece
* demonstrated how to blow / accused appeared to understand
* time of first reading / second reading
* results of reach reading
* preparation of Certificate of Analysis [make certificate an exhibit]
* review contents of certificate

# Refusal
## Breath Tech

* gave him a warning of requirement of breath demand / timing of demand / reason for any delay
* gave s.10(b) caution / timing of caution / reason for any delay
* response to demand and delay / did they understand / was counsel requested
* steps taken the facilitate access to counsel
* number of times of attempts / timing of first attempt / and time between each / reason for the delay between samples
* at time of test what was demeanor / mood; odour of alcohol
* was he able to provide a sample / refused using what words or behaviour
* explained to him the consequences of refusal
Attempts
* gave instructions: put mouth on, create seal, blow hard as long as possible
* he understood
* used new mouth piece
* put mouth on device properly / created seal / blow hard as possible
* hear sound of breath
* how much breath is needed
* reported any physical reason for failing / see any signs supporting this
functionality of the device
* inspect the mouth piece for obstructions prior to each test
* did you calibrate of datamaster for alcohol testing