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24 Cards in this Set
- Front
- Back
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Motor Vehicle Stops:
GREAT |
Greeting
Reason for stop Explanation Accreditation Tell the driver what you are going to do and what must they do. |
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Pursuits may be carried out....
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if a criminal offence is committed or is about to be committed, or if it is necessary to identify a vehicle or a person in it.
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Personal Service of Summons on Date of Offence:
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When an offence has no set fine prescribed in the Provincial Offences Act (POA), an Offence Notice with an out-of-court settlement cannot be used. The defendant must be summoned to PO Court and a justice of the peace will determine the fine at end of trial.
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Part III Summons:
Sec 22 or the POA |
Where a provincial offences officer believe, on reason & probable grounds, that an offence has been committed by a person whom the officer finds at/near place where offence was committed they may serve the person with a summons in the prescribed form.
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Arrest Authorities, HTA:
22 Arrestable Offences (3 picked) |
1) Making a false statement.
2) Careless driving. 3) Racing on a highway. |
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Most HTA cases are heard...
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by justices of the peace.
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Cases under the Criminal Code are..
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usually heard by the judge of Ontario Court of Justice or depending on the nature of the offence, by an Ontario Superior Court judge, with/without a jury. Court procedures are more formal and judges give written reasons for judgement which may become precedents for interpreting the CC or other laws.
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Criminal Court offences are..
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anywhere offences, meaning they can be committed anywhere in Canada.
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Criminal Code definition of a "Motor Vehicle".
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includes any land vehicle that is drwn, propelled or driven by any means other than muscular power excluding railway equipment.
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Dangerous driving in a mixed/hybrid offence if no one is injured but...
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if accused causes bodily harm or death, the offence is deemed to be indictable and carries greater penalties.
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Failure to Stop at the Scene of an Accident:
An accused commits this offence if they.... |
have the care or control or is in charge of a moto vehicle that is involved in an accident with a person, vehicle, aircraft vessel, or cattle in the charge of someone.
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Ability Impaired:
The degree of impairment depends on a person's.... |
tolerance to alcohol and drugs.
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Over 80 milligrams:
It is unlawful to operate a vehicle with... |
over 80 mg of alcohol per 100 ml of blood.
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Operating means...
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vehicle is under way with the person directing its movement.
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"Care and Control" means...
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the person is not operation the motor vehicle, vessel or aircraft, but is using the vehicle/it's equipment,or is involved in some activity that risks putting the vehicle in motion.
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Reasonable suspicion...
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refers to a hunch/suspicion for which there is some rational basis to suspect that someone has been consuming alcohol. The odour of alcohol on the breath is sufficient evidence to form reasonable suspicion.
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Reasonable grounds to believe...
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requires more evidence than the evidence that would establish reasonable suspicion. i.e smelling of alcohol on the breath, the officer would need to make other observations.
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Approved Screening Device:
This instrument does not indicate the exact amount of alcohol in the blood... |
but places the person in a "pass", "warn", or "fail" category.
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Grounds for lawful demand for an approved screening device test.
Reasonable suspician can arise when.. |
a) officer smells the odour of alcohol on the person's breath;
b) operator admits to consuming alcohol; c) officers sees the operator consume alcohol and climb into vehicle and drive away. |
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"Reasonable Grounds to Believe"
If the person fails the screening test.. |
the officer has reasonable grounds to believe that the person is "over 80".
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The demand for the first breathalyzer/blood samples must be made...
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within three hours of the offence of being impaired while operating or having care/control or a motor vehicle or being over 80.
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if the breathalyzer sample is made 2.5 hours after the offence, a sample is still lawfully required but...
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the Crown has to decide whether to subpoena an expert from the Centre of Forensic Sciences to provide evidence of the BAC (Blood Alcohol Content).
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90 Day Suspensions:
if the person blows over 80, or refuses to supply breath sample... |
police can fax the Ontario Ministry of Transportation licencing office, which will fax back a 90 day suspension. This will occur after the arrest but before the trial.
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Search Incidental to Arrest:
When a person is arrested... |
the officer may search suspect's body on arrest without obtaining a search warrant. If suspect arrested in a vehicle, vehicle may also be searched without a warrant.
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