Alcohol And Drug Driving Flashcards
What is s110 of the RTA?
PCA offence
What is section 111 of the RTA?
Prescribed Illicit Drugs while driving
What is section 112 of the RTA?
Driving under the influence
What is the definition of drive under s 4 of the RTA?
A) be in control of the - steering, -movement or - propulsion of a - vehicle, and B) in relation to a trailer, draw or tow the trailer, and C) ride a vehicle
What is required for an attempt in 110?
Attempt to put the vehicle in motion & actually sitting in driver’s seat.
What is novice range?
0.00 - 0.02
What is special range?
0.02-0.05
What is Low Range?
0.05 - 0.08
What is mid range?
0.08-0.15
What is high range?
0.15 or more
Who is a Novice driver under section 107?
Learner/provisional
Interlock
Application for learner or provisional licence refused
Ceased to hold licence as suspended or cancelled
What is honest and reasonable mistake of fact?
Applies where 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.
An incorrect assumption as to the law will not found the defence.
Proudman v Dayman.
Is the offence of H&RMoF available for PCA offences?
Yes, however it is often easy to exclude as a person would know that they felt strange/affected.
What is a special category driver?
Leaner, provisional licence, interlock, not authorised to drive in NSW, public passengers, heavy vehicles or carries dangerous goods, radio-active materials.
Are alternative verdicts available for PCA’s?
Yes, 110(6) & (7) blood alcohol lower than charged.
110(8) no defence if reading higher than charged. Amend the charge.
What schedule of the Act covers breath analysis provisions?
Clause 3
Is it an offence to fail to comply with a BAS?
Yes, Sch 3 Cl 16(1)(b)
What is the relevant period for RBT/BAS?
2 hours; 4 hours for blood.
What happens if it is outside of the time limit?
Request a report from Pearle- they can give an expert certificate.
How can someone wilfully alter the result?
- Before test
- After initial test but before BAS.
Thorpe v Shepherd - prosecution has to prove that the person intended to alter the concentration, not merely that they intended to consume some amount of alcohol after triggering event.
What are the 4 pre conditions for a sobriety assessment?
- person has undergone a negative breath test (no result)
- reasonable belief that person under the influence of drug other than alcohol
- Belief must be based upon the way in which the person drove, behaviour, condition or appearance at the time or after the event.
- Must be carried out at or near place of breath test.
What 4 drugs can be detected/ be used in a PID?
THC, Speed, Ecstacy or cocaine
Is here a deeming provision?
Yes, cl 32 and 33 state that the concentration in the blood or breath at the Time of the test is deemed to be that at the time of offence.
What does Cl 31 of RTA state?
That the concentration of alcohol at time of the relevant event is taken to be the concentration of alcohol in s 35 certificate. Effective redeeming unless the defendant proves on the balance of probabilities it was less than the banded limit.
- onus is on the defence
