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Homepage – Basic Impaired Offences

Impaired Driving is intimidating when it is not a part of your regular investigative routine. Statutory law is fairly straight forward on impaired, but common law has confused the legal issues. As a result there are regional differences in the way impaired cases are handled. Judges don’t  There are legal definitions that have a unique interpretations, as they apply to impaired investigations. There are few other Criminal Code charges that involve the huge number legal technicalities encountered during these investigations.

Regardless, if you break the investigation into logical steps, the task is not as overwhelming as it might first appear.  This is an attempt to simplify the steps and identify the key elements, and issues in a way that will not intimidate the investigators and prevent them from tackling these difficult cases.

  • Step 1 - Put the Driver behind the Wheel

    The basic impaired driving investigation will typically start as the result of a

    • Call to 911
    • Road Block
    • Officer Observations

    In these cases there will be no particular difficulty in placing the driver behind the wheel of the car.  The officers observations will clearly place the driver in control of the car. Taking notes regarding the drivers description as per usual will suffice.

    In  the “Beyond the Basics” tab below there are links to info regarding more difficult cases where placing the accused behind the wheel is legally challenging.

  • Step 2 - Form the Opinion

    Content here will explore legal issues in regards to suspicion and belief, arrest and detention

  • Step 3 - Make the Demand

    Content here will explore demands for ASD or instrument

  • Step 4 - Take the Sample

    Legal issues with taking the sample

  • Step 5 - Release the Accused

    Issues with releasing

  • Step 6 - Write the Report

    General Info for the report here

  • Beyond The Basics

    Identity of the Driver (Putting the Driver behind the Wheel)

    Refusals

    Motor Vehicle Accidents

    Care and Control