Alcotest 7410 GLC User’s Manual
12
Rights to Counsel
- If suspect is not under
arrest or detention, Sec. 254(2) C.C. does
not establish a right to legal counsel. If the
subject requests counsel prior to providing
an ASD, explain to him/her that it is just a
screening device, a "fail" will not
automatically result in a charge and he/she
will be able to seek the advice of counsel
prior to providing an Evidentiary Breath
test.
Time before ASD test
-
If you have reason to believe the suspect has
consumed alcohol within 15 minutes of
being stopped, inform the suspect a 15
minute delay will be required before
administering the test.
Course of Action After ASD Result -
although circumstances could dictate
variations, the following actions are
normally taken:
1. 0 to 49 mg% on the GLC —
Investigate possibility that drugs or illness
are responsible for condition. OR
Release suspect, unless grounds exists for
suspension under graduated licensing.
2. “A” (ALERT)
— suspend licence
under Sec 146(1) & 146(3)T.S.A. or Sec.
78.2 V.A.A. if applicable. Release driver.
3. “F” (FAIL)
— demand an evidentiary
breath test in accordance with Section
254(3)(a)(i) C.C. and suspend licence
according to provincial legislation.
If the subsequent approved instrument result
is 100 mg% or greater, charge under
Section 253(1)(b) C.C. and suspend the
licence for 24 hours. A secondary charge of
Sec. 253(1)(a) C.C. can be laid if grounds
exist, e.g. driving & physical evidence.
If the subsequent evidentiary test result is
between 50 and 90 mg%, suspend licence
and release the driver. A charge of Sec.
253(1)(a) C.C. can be laid if grounds exist,
e.g. driving & physical evidence, evidence
of poly-drug use.