Alcohol And Drug Driving

Question 1

What is s110 of the RTA?

Answer 1

PCA offence

Question 2

What is section 111 of the RTA?

Answer 2

Prescribed Illicit Drugs while driving

Question 3

What is section 112 of the RTA?

Answer 3

Driving under the influence

Question 4

What is the definition of drive under s 4 of the RTA?

Answer 4

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

Question 5

What is required for an attempt in 110?

Answer 5

Attempt to put the vehicle in motion & actually sitting in driver’s seat.

Question 6

What is novice range?

Answer 6

0.00 - 0.02

Question 7

What is special range?

Answer 7

0.02-0.05

Question 8

What is Low Range?

Answer 8

0.05 - 0.08

Question 9

What is mid range?

Answer 9

0.08-0.15

Question 10

What is high range?

Answer 10

0.15 or more

Question 11

Who is a Novice driver under section 107?

Answer 11

Learner/provisional
Interlock
Application for learner or provisional licence refused
Ceased to hold licence as suspended or cancelled

Question 12

What is honest and reasonable mistake of fact?

Answer 12

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.

Question 13

Is the offence of H&RMoF available for PCA offences?

Answer 13

Yes, however it is often easy to exclude as a person would know that they felt strange/affected.

Question 14

What is a special category driver?

Answer 14

Leaner, provisional licence, interlock, not authorised to drive in NSW, public passengers, heavy vehicles or carries dangerous goods, radio-active materials.

Question 15

Are alternative verdicts available for PCA’s?

Answer 15

Yes, 110(6) & (7) blood alcohol lower than charged.

110(8) no defence if reading higher than charged. Amend the charge.

Question 16

What schedule of the Act covers breath analysis provisions?

Answer 16

Clause 3

Question 17

Is it an offence to fail to comply with a BAS?

Answer 17

Yes, Sch 3 Cl 16(1)(b)

Question 18

What is the relevant period for RBT/BAS?

Answer 18

2 hours; 4 hours for blood.

Question 19

What happens if it is outside of the time limit?

Answer 19

Request a report from Pearle- they can give an expert certificate.

Question 20

How can someone wilfully alter the result?

Answer 20

1. Before test
2. 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.

Question 21

What are the 4 pre conditions for a sobriety assessment?

Answer 21

1. person has undergone a negative breath test (no result)
2. reasonable belief that person under the influence of drug other than alcohol
3. Belief must be based upon the way in which the person drove, behaviour, condition or appearance at the time or after the event.
4. Must be carried out at or near place of breath test.

Question 22

What 4 drugs can be detected/ be used in a PID?

Answer 22

THC, Speed, Ecstacy or cocaine

Question 23

Is here a deeming provision?

Answer 23

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.

Question 24

What does Cl 31 of RTA state?

Answer 24

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

Question 25

What does schedule 3 cl35 cover?

Answer 25

If you hand up the BAS certificate is admissible and is Prima facie of the particulars certified in the certificate.

Question 26

What does cl 40(2) state in relation to RBT and DUI?

Answer 26

You cannot charge a person with a DUI alcohol if they have submitted to the breath analysis or blood sample.

Question 27

If there is no conviction do they incur a disqualification?

Answer 27

No, they do not get a disqualification