Alcohol and Drug driving Flashcards
Novice PCA range? Section?
0.00 < 0.020 110 (1)
Who does Novice apply to?
L’s, P’s, Interlock, Not authorised to drive in NSW
Special Range? Section?
0.02<0.05. 110 (2)
Special range applies to who? Section?
107(2) L, P, Interlock Not authorised to drive NSW Public passenger HEavy vehicle Dangerous goods
Low range? Section?
0.05<0.080 110(3)
Mid Range + section?
0.080<0.150 110(4)
High range + section?
0.150 and above (110(5)
What does drive include?
TO be in control of steering
movement or
propulsion
Motor vehicle?
vehicle built to be propelled by a motor that makes up part of the vehicle.
What section has attempt provisions for PCA?
110
What does the attempt relate to?
Atempting to put the vehicle in motion.
What does PCA stand for?
Presecribed Concentration of Alcohol
Proofs of PCA?
- Drive MV, or,
- Occupy driver seat & attempt to put into - motion, or
- Occupy seat in MV next to learner who is driving.
Is road or road related an element? explain
No. However, it is required for RBT power so must be proved for a conviction.
What type of offence is PCA?
Strict Liability.
What is strict liability?
Does not require Mens Rea
What defence is available for PCA?
Honest and reasonable mistake of fact
What is H&RMoF also known as?
Proudman & Dayman
Explain Proudman & Dayman
If the facts as believed by the defendant were true the accused would have committed no offence and not some other offence than the one charged.
What will not found the defence?
an incorrect assumption as to the law. must be a mistake of fact.
DPP v Bone
If driver was unaware they had consumed alcohol, unless can prove they were subjectively aware.
How to prove subjectively aware in DPP v Bone?
OBservations, balance, speech etc, any obvious signs of intoxication, how they felt at time.
when is DPP v Bone often overcome?
During cross examination.
What sections relate to alternate verdicts?
110 (6) + (7) +(8).
What does alternative verdit relate to?
If the blood concentration of alcohol is found to be lower than when charged, they can be found guilty of the lesser offence. E.g, charged with high range, but proved that only mid range, then will be convicted of Mid, not dismissed.
S110 (8)?
It is not a defence if the reading is higher than charged. Will be found guilty of more serious offence.
Schedule 3, Clause 31?
Deeming provision. The reading at the time of the BAS is taken to be the reading at the time of the event which breath tested for
Schedule 3, Clause 35
BAS Certificate is taken to be Prima Facie evidence.
Schedule 3, Clause 40?
Double Jeopardy for alcohol and drug offences. Can’t be CONVICTED of DUI and one of the other related alcohol or drug offences.
Schedule 3, Clause 40 (3)
Can’t charge with DUI alcohol if they have submitted to a BAS.
What is the relevant period for RBT/BAS? Legislation?
2 hours. Sch 3, CL2(2)
Relevant period for blood? Legislation?
4 hours Sch 3, CL2(2)
What if outside of the 2 hour window?
Obtain expert evidence, certificate is inadmissible.
What is the concentration of drugs for PID offences?
None can be present as contained in the second reading speech.
What drugs are tested for PID’s?
Cocaine, THC, MDMA, Amphetamines
What section contains the offence for PID Driving?
S111 (1).
S111 (2)?
More than one drug present
S111 (3)?
Morphine in BLOOD or URINE only (not oral fluid)
Difference between S111 (1) and (3)
Morphine v the other drugs. (1) Oral (3) blood and urine.
Four pre conditions for Sobriety tests?
- Undergone Negative breath test
- REASONABLE BELIEF under influence of drug other than alcohol.
- Belief based on WAY IN WHICH PERSON DROVE, or attempted to or by BEHAVIOUR, CONDITION or APPEARANCE of person at time of or time after reevant event.
- Must be carried out at or near place of breath test
