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18 Cards in this Set
- Front
- Back
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What is dangerous driving? |
Operating a motor vehicle in a manner that is dangerous to the public
Having regards to all the circumstances, including
The nature, condition, the location and the amount of traffic |
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What is a "modified" objective test? |
One that permits the accused person to explain Their markedly substandard driving, such as the onset of a sudden illness
Can apply to any "dangerous" offense |
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What is the essence of the offense of dangerous driving? |
The manner of driving must be dangerous to the public (actus reus)
The driving was a marks departure from the standard of the reasonable driver
There is no mens rea |
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What separates dangerous driving from careless driving? |
Dangerous driving is a marked departure Careless driving is a minor departure |
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What is failing to stop when involved in an accident? |
A person in care or control of a vehicle is involved in an accident With another person, vehicle or cattle, and Failed to stop the vehicle, give their name and address, and to offer assistance if required With intent to escape civil or criminal liability |
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What three things must the Crown prove intent to escapes civil and criminal liability? |
Failure to stop
Failure to provide identification or contact information, and
Failure to provide assistance if required |
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How is care and control of a vehicle proven? |
Care and control of the vehicle is presumed And the driver has a reverse onus of proof |
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What must the crown prove if the accused rebuts the presumption of Care and Control? (Didn't intend to drive) |
The crown must establish that the accused presence in the vehicle presented
A realistic risk of harm |
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What are the criminal codes 2 separate drinking and driving offences, with the two possible forms? |
Operating a vehicle while impaired < 60 mg
Having care and control of a vehicle while impaired <60 mg
Operating a vehicle with over 80 mg of alcohol in 100ml of blood
Having care and control of vehicle with over 80 mg of alcohol in 100ml of blood |
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What is impaired driving? |
Operating or having care or control of a motor vehicle
Whether the vehicle is in motion or not,
While impaired by drugs or alcohol |
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How does a judge determine impairment? |
Usually takes the form of visual observations of the driver Impairment doesn't require expert evidence |
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What are the two stages when determining *Reasonable Grounds to Suspect impaired driving? |
Reasonable grounds for suspicion Reasonable grounds to believe |
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What does an officer do when they have reasonable grounds to suspect impaired driving? |
To demand a standardized field sobriety test, to determine if a breath or blood sample should be demanded; and
Provide a roadside breathalizer test, That will enable a proper analysis by an approved screening device |
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What does an officer do when they have reasonable grounds to believe impaired driving? |
If they fail the field sobriety test or blow red on the handheld roadside device
Demand as soon as practical that the person
Provide a breath sample or a blood sample |
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What is having over 80 mg of alcohol in 100ml of blood? |
Drinking so much to the concentration of the person's blood exceed 80 mg of alcohol in 100ml of blood |
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How long must a breathalyzer be used before it's considered unreliable? |
As soon as *practical |
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If the breathalyzer done within 2 hours what is it considered? |
Conclusive proof |
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Does the accused have a right to counsel before a breathalyzer? |
No, if it's under impaired driving
Yes, if it's under over 80 driving |
