The Canadian Cannabis Driving Checklist

The Canadian Cannabis Driving Checklist

 

 

 

 

 

905-273-3322 or 1-877-273-3322

 

Stephen R. Biss, Barrister & Solicitor, How I Can Help

This form is for use by persons who have recently been charged with impaired by cannabis driving or care and control, excess THC or THC and alcohol blood concentration, refusal to provide a sample into a roadside approved drug screening equipment, refusal of a DRE evaluation demand, or refusal to provide a urine or blood sample. Use this form to make notes of what happened and bring this form with you to your lawyer. Keep this information absolutely confidential. WARNING! If this memorandum when completed is not delivered to your lawyer forthwith, and if it or a photocopy is seen, obtained, or seized by the police or anyone else who is not your lawyer, this memorandum could be used in Court against you. Deliver it to your lawyer in person forthwith.

 

 

 

Private and Confidential

1. Describe where and when you were consuming or smoking cannabis and or drinking alcohol:

When and Where Did You Eat:

When and Where Did You Consume or Smoke Cannabis:
 

When and Where you Started Drinking Alcohol:

What Were you Smoking or Consuming:

 

What were you drinking:
 

 

When Did You Finish:

Who Witnessed Your Smoking/Drinking:


(Your witnesses need to make detailed notes too. Do not, however, discuss your recollection with them and witnesses should be told not to make their notes together or to discuss their evidence together. Their evidence will sound very hollow in Court if it appears that any evidence has been concocted as the result of discussion.)

Did you/they use a  measuring device?

2. Describe Yourself:

Age:

 

Gender:

 

Height:

 

Weight:

 

Experience with Drinking and Smoking:

 

What were you wearing:

 

Shoes:

 

Shirt:

 

Jacket:

 

Hat:

 

 

3. Medical or Other Conditions Respecting:

 

Your eyes:

 

Your face:

 

Your lungs and breathing:

 

Your balance and co-ordination:

 

Injuries:

 

Disabilities:

 

 

4. Your Driving Record:

 

Previous Drunk or THC Driving Charges (Where, When, Sentence):

 

Previous Suspensions or Prohibitions from Driving:

 

Other Criminal Record:

Outstanding Criminal Charges:

 

Previous Provincial Offences (Where, When, Sentence):

 

Outstanding Provincial Offences:

 

Record of Accidents:

Automobile Insurance Company and Status:

 

 

5. Are you charged with:

 

Impaired by Drug Operation:

 

Excess THC:

Excess THC and blood alcohol concentration:

 

Failure/Refusal to Provide a Roadside Sample:

Failure/Refuse to Comply with  Drug Recognition Expert's Demand:

 

 

6. Are you charged with:

Driving or Operating the Vehicle:

Care or Control of the Vehicle:

7. Did the police see you driving?

Describe where you were driving including streets and city names.

Speed limits?

Where did you come from?

How far did you drive?

Where were you going?

Was there anything unusual about your driving? Why?

When and where did you first see the police vehicle?

What drew your attention to the police vehicle?

How far did you go after you first saw the police vehicle?

How did the police stop you?

Was there any construction on the road, if so please have someone take photos.

Time:

Were you stopped at a R.I.D.E or spot-check programme? Describe the site including what each officer was doing:

 

Can the police prove that you were driving?

8. Was there an accident?

Describe where you were driving including streets and city names.

Where did you come from?

How far did you drive?

Where were you going?

When and where did you first see the other vehicle or obstacle that you collided with?

What drew your attention to the other vehicle?

Were you injured?

Did you stay in the car or did you get out?

Did you talk to others at the scene?

When did you first see a police vehicle?

How did the police approach you?

Was there any construction on the road, if so please have someone take photos.

Did anyone take photos of the accident?

What did you say to the other drivers or witnesses?

 

Was anyone injured?

 

Time of the accident:

 

Can the police prove time of the accident? How? Was there a witness who noted the time?

 

Who can give evidence for you about the accident?

 

Who can give evidence against you about the accident?

 

 

9. Do the police say you were in "care or control" of the vehicle ?

 

Were you seated in the driver's seat when the police approached you?

 

Time:

 

Where were your buttocks?

 

Where was your head?

 

Where were your hands?

Where were your feet?

Did you get out of the car before the police approached you?

 

Where were the keys?

 

Was the engine on or off?

 

Was the transmission in park or in gear?

 

Were the headlights on or off?

Was the radio on or off?

 

Was the heating/air conditioning on or off?

 

 

 

10. Where was the police officer when they first saw you?

 

Did the police have a video camera at the scene?

 

Did the officer come up to the car window?

 

Time:

 

Did you roll the window down before or after the officer approached?

 

Was anyone else in the car? Where? Had they been drinking? Had they consumed cannabis?

Were there any alcoholic beverages open in the car?

Was there any cannabis in the car?

Was there a smell of cannabis in the car?

11. What did the police officer ask you to do? Remember in detail the words that the police officer used and the exact chronology of events.

Did the officer ask you to produce your ownership and driver's licence? Did you do it without fumbling?

 

Did the officer ask you to get out of the car?

 

Did you lean on the car?

 

Time:

 

Did you have any trouble walking? Why?

Did the officer ask you to perform any roadside physical tests? The officer may have called them Standardized Field Sobriety Tests  (SFSTs).

What did he/she ask? How did you do?

Did the officer ask you if you had been drinking?

Did the officer ask you if you had consumed or smoked any drugs?

Did the officer ask you to get into the police car? Remember in detail all the words that the police officer used and the exact chronology of events.

12. Did the officer require that you provide an oral fluid sample  or blow into a roadside screening device?

 

When were you first told that this was the officer's intention?

 

Did the officer read something formal to you from a notebook card? What did he or she say:

Did the officer have the Drugtest machine with them or did they have to wait for another officer to bring the machine?

 

Did the officer pull a fresh oral swab cassette out of a sealed bag?

Did the officer look at the cassette?

Describe the machine.  Do you know what the model of the machine was?

Did the officer show you how to collect oral fluid?

How many tries?

Did the officer complain that you weren't properly collecting the oral fluid?

 

Did you get a warning about being charged with refusal?

What happened next?

13. Were you placed under arrest?

Did the officer say "I am arresting you for ....." Where were you and time?

What did they arrest you for?

Did the officer say "I require that you accompany me for ...." Where were you and time?

Did the officer make a formal blood demand from his/her notebook?

Did the officer make a formal Drug Recognition Expert (DRE) demand?

Were you told that you have the right to retain and instruct counsel without delay? Where were you and time?

 

Did you understand that counsel means a lawyer?

Did you have any trouble with the language spoken by the officer? Did you need an interpreter?

Were you told you could telephone a 24 hour duty counsel? Where were you and time?

Did you say then (at the scene) that you wanted to consult a specific lawyer?

Did you say then (at the scene) that you wanted to consult duty counsel?

How did the officer respond?

Could you have telephoned from the scene? Was there a phone nearby? Did you know the number of a lawyer?

 

Would the officer have let you?

 

Did they caution you that you did not have to say anything and that anything you said could be used against you?

 

Did you answer any police questions at the scene or in the car prior to consulting duty counsel?

 

 

14. How did the officer bring you back to the station?

 

Time left the scene. Reason for delay, if any:

 

What happened to your car?

 

Where were you placed?

 

Were you handcuffed?

 

Did the officer radio for instructions. Was there any delay or confusion in the instructions from headquarters?

 

What route did the officer take?

 

Was it a direct route? Any detours?

 

Any conversation between you and the officer in the car?

 

15. What did they do with you when you first arrived at the station?

 

By what route did they bring you into the building?

 

Were you videotaped when you first arrived?

 

Were you asked if you wanted to telephone a lawyer of your choice?

 

Were you asked if you wanted to telephone duty counsel?

 

Were telephone books or lists of lawyers provided? What condition were they in? Were they for the jurisdiction where your lawyer has an office?

 

Did the police give you privacy during your telephone call?

 

Who did you call?

 

Describe the room, the door, and where the officers were.

 

How long were you on the phone.

 

Were you videotaped during the call?

 

Were you asked any questions before you spoke to the lawyer or duty counsel?

 

Did you ask to make a second telephone call? Why?

 

Did you ask to visit the washroom? Did you have any difficulty on the way to or in the washroom that the officer observed?

Did you have privacy while using the toilet?

 

Was there any delay in access to a lawyer?

 

Was any other accused ahead of you in the DRE room?

16. What happened at first in the DRE room?

Was there any delay?

Were you videotaped?

Were you audiotaped?

Did the arresting officer come into the room? Did he or she explain the details of the case to the DRE officer? Did he or she outline his or her "r & pg" or reasonable and probable grounds?

What did the arresting officer say?

About time of arrest or the accident?

About evidence of impairment?

About admissions by you?

About what the arresting officer was told by witnesses?

Were you asked to comment? Did you? Did you follow the advice given to you by your lawyer or duty counsel?

Did the DRE officer complete the  evaluation?

Did you co-operate?

Did you answer any question about drugs you had consumed?

How do you think you did on the physical tests?

 

 

17. Did police ask you to blow into a breathalyzer?

 

 

When:

 

 

18. Did the DRE officer demand that you provide a urine sample?

Time:

Did they give you any further warnings?

Did they read you your rights again?

What did they say?

Did you comply with the urine demand?

Time:

19. Did any officer ask you to provide a blood sample?

Time:

Did they give you any further warnings?

Did they read you your rights again?

What did they say?

Did you comply with providing a blood sample?

Where was the blood sample taken?

Who took the blood sample?

20. Did they lodge you in the cells until sober?

Was anyone waiting to pick you up from the station?

Did the police let you call home home or a friend to pick you up?

Did the police give you an explanation as to why they were still holding you?

Did the police delay in releasing you?

What method did the police use to determine that you were sober enough to release?

21. What papers did you receive when you were released?

Notice of Intention to Produce Certificate?

Certificate of Qualified Technician?

Notice of Increased Penalty?

Notice of Suspension of Driver's Licence?

Promise to Appear?

Did the releasing officer carefully compare the copy of each document with the originals to ensure that you were served with a true copy?

Are there any errors on any of these documents? Do not write anything on any of them!

22. If you suffered any injuries in the accident, at the scene, or at the police station did you go to the hospital before or after you were released?

Were any blood samples taken at the hospital?

23: Other important things:

Document everything that happened at the police station and bring the details to your lawyer.

What are the names of each of the police officers? Describe them.

What is the name of the DRE officer? Describe him or her.

Have someone take photos of any injury that you suffered.

Obtain a city map of the area where you were driving.

Obtain a weather report for the time when you were driving.

24. Book an appointment with your lawyer the next day.

905-273-3322 or 1-877-273-3322

 

Stephen R. Biss, Barrister & Solicitor, How I Can Help

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Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.
DrugTest® 5000 is also a registered trademark of Draeger Safety, Inc.. DrugTest® 5000 is "approved drug screening equipment" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.