impaired driving investigation cst. lynn parenteau cst. bryon sommacal cst. dale amyotte cst. damien...

IMPAIRED DRIVINGINVESTIGATION

Cst. Lynn ParenteauCst. Bryon Sommacal

Cst. Dale AmyotteCst. Damien Rozon

Saskatoon Police Service

CONSIDER THIS!

Impaired Driving

Thousands of people are killed or seriously injured by impaired drivers.

The impaired driver in a vehicle represents a greater threat to the public than any person armed with a gun, for the energy contained in an automobile hurtling down the street by far exceeds that of the worlds most powerful firearm.

Cost to property and life can be astronomical.

1 out of 2 drivers after midnight have been drinking and half of those are impaired.

Of all the criminal investigation’s you will do in your career with the exception of a select few ( murder, sexual assault, etc.) There are few crimes as serious or potentially devastating to the public.

Criminal Law

1) Impaired operation/care and control

2) Operate/care and control while over 80 mg%

3) Refuse to provide breath / blood sample

4) Impaired operation causing bodily harm

5) Impaired operation causing death

6) Exceeding 80 mg% causing bodily harm

7) Exceeding 80 mg% causing death

253(1)(a) CC

Every one commits an offence who operates a motor vehicle or has the care or control of a motor vehicle, whether it is in motion or not while the person’s ability to operate the vehicle is impaired by alcohol or a drug

253(1)(b) CC

Every one commits an offence who operates a motor vehicle or has the care or control of a motor vehicle, whether it is in motion or not, having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds 80 mg of alcohol in 100 mL of blood (exceeds 80 mg%)

Impaired Operation VS Exceed 80 mg%

These are 2 distinct offences:

impaired operation relates to a person’s ability (derived from their behavioral cues)

exceed 80 mg% refers to a quantitative measurement of blood alcohol levels

usually go together, but not always

Impaired Driving-253(1)(a) CC

What is Impaired Driving?

Impairment

Deterioration of the sensory and cognitive skills required to safely operate a motor vehicle

There is no significant deterioration of physical abilities

Impairment of vision, alertness, reaction time, judgment, decision making, concentration and attention

Intoxication

Advanced state of impairment where physical abilities have also deteriorated

Individuals exhibit outward symptoms such as slurred speech, staggering, problems with balance and co-ordination

Further dulling of mental functions leading to confusion, disorientation and drowsiness

Emotional states may be illogical and extreme

R.v. Stelatto (1993) - If the evidence of impairment establishes any degree of impairment ranging from slight to great, the offence is made out.

Evidence must be of impairment that affects ability to operate a motor vehicle as this is an element of the offence.

Reasonable & Probable Grounds

How do we establish reasonable & probable grounds for Impaired Driving?

Driving Observations Physical Observations Observations of Witnesses

Observations

Driving Observations

Weaving/Swerving/Drifting/Lane Position

Wide or narrow turning radius Improper signaling Unexplainable MVA Disobeying traffic signals

Observations

Driving onto side walk when pulling to the curve

Headlights off at night Speeding/Going very slow Fresh damage Flat tires

Observations

What does a drunk look like to you?

Observations

Physical Observations

Breath

Smell of alcohol on the breath of the person

Smell of marihuana on person or in vehicle

Observations

Speech

Slurred/Difficult (incoherent) speech Slow/Deliberate speech Asks the same questions repeatedly Smacking of lips/Dry mouth

Observations

Balance

Swaying/Unsteady on feet when standing

Sagging knees Falling Staggers when they walk

Observations

Eyes

Bloodshot Glassy Sleepy (1/2 closed) Watery

Observations

Face

Flushed Pale Red faced

Observations

Clothing

Unkempt Soiled Disarranged

Observations

Unusual Conditions

Loss of co-ordination/consciousness Loss of muscle tone Vomiting/drooling White at the corners of the mouth

Observations

Attitude

Polite/Co-operative Cocky Combative/Abusive Emotional (crying, laughing, etc) Rapid mood or demeanor changes

Observations

Observations of Witnesses

Talk to other motorists, pedestrians, ambulance personnel, bystanders, etc

Get statements if possible Can assist you in forming your

reasonable and probable grounds and support your case

Grounds VS Evidence

When forming grounds to believe we can rely on hearsay and uncautioned statements

Some of these may not be used as evidence at trial, therefore, it is important to keep making observations/notes throughout the investigation

Court

Talk to/Observe the accused before court

Note the differences between the accused in a sober and a non-sober state

Forming Grounds for 253(1)(b)Once you have formed the grounds

that the person is impaired, you have the grounds that they also exceed 80 mg% and you can make a breath demand

What if you don’t have the grounds that they are impaired?

Approved Screening Device

Used when you are unable to establish reasonable grounds for an impaired

Require reasonable grounds to suspect that a person has alcohol in their body AND within preceding 3 hours operated or had care or control of a motor vehicle

A “fail” gives grounds that the driver is committing 253(1)(b)

Reasonable Grounds to Suspect Smell of beverage alcohol from

breath indicating recent consumption Admission from driver that there was

recent consumption Witness evidence that there was

recent consumption (need statement!!)

Making the Breath Demand

Grounds that the accused was committing 253(1)(a) or 253 (1)(b) must be formed within 3 hours of the offence.

It has to be as a result of alcohol consumption as you CAN’T make a breath demand for drug impairment.

Drugs

If you have grounds that the accused was committing 253(1)(a) by drug or drug/alcohol (must be formed within 3 hours of the offence) you can demand they submit to an evaluation conducted by a Certified Drug Recognition Expert (CDRE).

Drugs

If the CDRE completes the evaluation and has reasonable grounds to believe that the person is impaired they can demand:

a) An oral or urine sample ORb) A blood sample (need doctor’s

permission)

Drugs

If you only have reasonable grounds to suspect that a person has a drug in their body and that in the preceding 3 hours they operated a motor vehicle you can demand physical co-ordination tests (Standard Field Sobriety Tests – SFST’s).

A “fail” of the SFST’s can lead to a demand for an evaluation by a CDRE

Blood Demand

The subject is incapable of providing a breath sample, OR

It would be impractical to obtain a breath sample due to the subjects physical condition.

Blood Demand

The requirements for making a blood demand are almost identical to those of a breath demand:

Need RPG to believe they committed 253(1)(a) or 253(1)(b) in preceding 3 hours

Suspect must be given opportunity to contact counsel in private

Make sure they understand the demand

Blood Demand

In addition, however, the attending physician has to authorize the blood to be drawn. If he/she doesn’t authorize this you must cease this part of the investigation and no action can be taken against the doctor.

The BAC can be found by other methods i.e.. Search Warrant or Production Order.

Breath, Blood and Evaluation Demands

Demands to be read direct from notebook or card

Record subjects response to demand and time

Refusals

Subject can be charged for refusing to comply with:

ASD demand Breath demand Blood demand

Refusals

It must be an informed refusal:

Subject must be warned of the consequences of his/her actions

Do this several times and document clearly what was said or done

Blood Warrant – 256(1) CC

Used if subject is unconscious or unable to respond to demand

Still need RPG and physician’s approval

Can only be used if suspect caused bodily harm or death

Have only 4 hours to execute the warrant from the time of the offence

Other options are Search Warrant and Production Order

Counsel

Right to counsel must be in private but not out of your sight

Note all times i.e.. Time they requested to talk to a lawyer, time they actually talked to a lawyer

Allow a reasonable time to consult counsel

Important Notes to Remember

Make good, accurate notes on your observations (be descriptive!!)

Monitor your subject during transport, booking in, lawyer call, and time of all tests

Continue recording observations throughout investigation

Note all times Be patient with providing counsel

Important Notes to Remember

Ask about drinking pattern (when was last drink, what were they drinking, how much, where, etc) several times

Note the time of occurrence Note what clothing the subject was

wearing i.e.. Footwear Note the environmental conditions Search for evidence as well as officer

safety

Conclusion

Impaired driving is no longer socially acceptable.

The needless carnage and suffering can be stopped or reduced through your diligent investigation in this area.

IMPAIRED DRIVING IS NOT A VICTIMLESS CRIME!!

THANK YOU