12. Traffic Law And Procedure Part 2 Flashcards
What is Section 6 (1) of RTA 1988?
- Any constable
- may require a person
- to cooperate with any one or more preliminary tests
- administered to the person
- by a constable or another constable (I.e trained in mobile devises)
- constable making the request does not have to be in uniform
- constable carrying out the tests does have to be in uniform
What does Section 6 (2 to 5) of RTA 1988 state?
If a person is driving, has been driving or is in charge of a motor vehicle on a road or other public place. Any they:
1. Are suspected of having alcohol or drugs in their body.
2. Commit a moving traffic offence.
3. Are the driver of a motor vehicle involved in a road traffic collision.
Any one of three preliminary tests can be requested
What are the three preliminary tests?
Breath test
Field impairment test
Drug screening test
How to require a breath test and warn the recipient of the test?
Firstly the formal request must be made. The suspect needs to know why you are formally requesting their cooperation with the test.
“I must warn you that failure or refusal to provide a sample is an offence which may make you liable for arrest and prosecution and that providing a positive sample will lead to your arrest.”
Questions to ask when conducting a breath test?
Questions to ask
“Have you had any alcohol in the last 20 min?”
“ have you used mouth spray or mouthwash in the last 20 mins?”
“Have you smoked in the last 5 min?”
How to arrest someone who has failed a breath test?
I am arresting you on suspicion of driving a motor vehicle whilst over the prescribed limit (offence under Section 5 RTA 1988)
Caution
No necessity required
(Power of arrest as per sec 6D RTA 1988)
What is Section 7(6) RTA 1988?
A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.
Section 7 RTA 1988
In the course of investigating offences under sec 3A, 4 or 5, the driver can be required to provide:
- two specimens of breath for analysis on a type approved devises
- a specimen of blood or urine for a lab test
What is Section 5 RTA 1988?
A person is guilty of an offence if they drive, attempt to drive or are in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit.
What is the legal limits for alcohol?
Breath- 35mg per 100ml of breath
Blood- 80mg per 100ml of blood
Urine- 107mg per 100ml of urine
What is Section 4 RTA 1988?
A person, who when driving, attempting to drive, or is in charge of a mechanically propelled vehicle on a road or other public place is unfit to drive through drink or drugs.
What is Section 4 procedure for drugs?
Impairment evidence Preliminary test... FIT or drug screening Arrest for Sec 4& 5A RTA 1988 FIT- HCP examines for condition Drug screening- No HCP needed for condition Blood or urine taken by HCP Toxicology results Charge
What is Sec 5A- OPL (drugs)?
Where a person drives, Attempts to drive or is in charge of a motor vehicle, on a road or other public place and there is in that persons body a specified controlled drug and the proportion of the drug in that persons blood exceeds the specified limit for that drug.
What is a road traffic accident?
Section 170 of the RTA states:
- Owing to the presence
- of a MPV on a road or other public place
- an accident occurs by which
- Personal injury is caused
- to a person (other than the driver of that MPV)
- or damage is caused to:
1. A vehicle (other than that mpv)
2. An animal
3. Any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or other public place in question is situated, or land adjacent to such land
