Drink and Drug Driving Flashcards
What is the difference between being unfit through drink and drugs and over the prescribed limit in terms of the vehicle?
Unfit through drink or drugs is a Mechanically propelled vehicle.
Over the prescribed limit is a Motor vehicle.
How are these offences tried?
All are summary offences.
What are the three further offences relating to unfit through drink or drugs?
Driving / Attempting to Drive / Being in charge of
Is a mere suspicion the person was attempting to drive enough to convict
No
Can any of these offences be committed on private land
No - Road or public place
Does insulin count as drugs in drug and drugs.
Only if there is clear evidence of an overdose.
How can unfitness be proven.
It can come from a lay witness or an expert witness.
What can a lay witness provide evidence in relation to - (unfit through drink or drugs)
That the person appeared to be unfit - due to the amount of alcohol. etc.
Can a lay witness provide evidence relating to the drivers ability
No
what evidence can an expert provide.
An expert can provide evidence that a person was unfit
In section 4 - Unfit through drink or drugs do you have to prove that there is any drink or drugs in the persons system
No - You only have to provide evidence that they are unfit.
For section 5 and 5a do you have to prove that the person has drink or drugs in their system.
Yes. You need to provide that they have drink or drugs over the prescribed limit.
Can you still arrest under Section 4 if the person provides a negative breath test but is displaying signs of being unfit.
Yes - DPP v Robertson.
What do the defence have to prove in relation to section 4
That on the balance of probabilities that at the time there was no likelihood of them driving, so long as they remained unfit
Does the defence of “no likelihood of them driving” apply to driving or attempting to drive.
No only drunk in charge.
In regard to a person being likley to drive the court may disregard any…
Injury to the defendant or damage to the vehicle.
What offences in relation to drink / drug driving have apower of entry.
There is a power of entry for the purpose of arresting a person under section 4 driving whilst unfit due to drink / drugs and section 163 fails to stop.
However, the person has to have reasonable grounds to believe that the person sought is on the premises.
Section 5 specifies excess alcohol what does section 5a specify.
Excess of a specified controlled drug.
What are the legal limits of alcohol in breath/blood/urine
Breath 35 micrograms in 100 millilitres
Blood 80 miligrams in 100 millilitres
Urine 107 miligrams in 100 millilitres.
What is a defence to being in charge of a motor vehicle with an excess amount of alcohol or drugs
That there was no likelihood that the person would drive, whilst they remained with an excess amount in their body.
What circumstances activate the High Risk Offenders Scheme in relation to driving whilst over the prescribed limit through drink or drugs.
More than two and a half times over the prescribed limit
This is there second (or more) in ten years.
What is the consequences of being on the High Risk Offenders Scheme.
Have to undergo a medical test prior to being allowed to drive again.
What additional defence does section 5a - over prescribed limit drugs have.
having a drug that is prescribed or supplied for medical or dental purposes.
And that the persons had the drug lawfully and using it with instructions.
The defence need only introduce a small element of doubt.
Is there any responsibility to ensure your drink has not been spiked.
Yes there is “some” responsibility to ensure you drink does not contain alcohol if you intend to drive afterwards.
Three occasions where a preliminary test can be requested.
Where a person is currently driving attempting to drive or in charge of a vehicle and has alcohol in their body.
Where a person has driven, attempted to drive or been in charge of a vehicle and still at the time of request has alcohol in their body.
Where is or has and has committed a moving traffic offence.
All Motor vehicles.
What is the mindset of the officer requesting?
Reasonable suspicion.
What is different about requesting a breath test after an accident.
The officer must know there has been an accident and believe that the person was driving / attempting to drive / in charge of.
There is no need to suspect alcahol in the body.
Whats the rule about an officers uniform and the requirement for a breath test.
In all instances the officer requesting the test or the officer need not be in uniform, however, the officer administering the test must be in uniform.
What are the three types of test
breath test, impairment test, drugs test.
Where can these prelimanary tests take place
For a non acidental situation with a breath test only it can only take place at or near to the place where the requirement was made.
For the other tests and a breath test in an accidental situation it can: At or near the place where the request to co-operate has been made or if expedient at a Police Station
In relation to failing or refusing to provide a breath test, what location can a person not be arrested?
A person cannot be arrested whilst at a hospital as a patient
What are the circumstances that provide a power of entry in relation to requesting a breath tes.
You must know there has been an accident, believe that the person is the driver and suspect that there is an injury.
Where can a request for an evidential sample of breath be made
At a Police Station, Hospital or a place near to the request of the prelimanary test
Where can a request for an evidential sample of blood or urine be made
At a Police Station, Hospital or near to the request of the prelimanary test
in order to request an EVIDENTIAL specimen must the officer be in uniform.
Yes, except after an accident.
Is being too drunk to provide breath a medical reason to provide blood or urine
Yes
Is the fear of needles when requesting blood a relevant consideration
Yes
When taking urine, does the defendant have a right to have a sample.
No, there is no free standing right, and although the sample has to be divided it is not neccesary to do this in the person presence.
How long does a person have to provide two specimens of urine.
A person has one hour to provide two separate specimens of urine - The hour is calculated from the request.
Can the officer extend the hour period in relation to a request for urine.
Yes, although they are not oblidged.
At Hospital who do you request to take the blood for an evidential blood alcohol or drugs test
A police Doctor, however, if one is not availible than a request can be made to another doctor as long as they are not responsible for the patients care.
