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19. Road and Traffic Policing > Drink- and Drug Driving > Flashcards

Drink- and Drug Driving Flashcards

1
Q

There are three driving offences relating to driving while under the influence of alcohol or other drugs, and these are all contained within the Road Traffic Act 1988?

A

s 4: Driving, or attempting to drive, or being in charge of a mechanically propelled vehicle whilst unfit to drive through drink or drugs.

s5: Driving, or attempting to drive, or being in charge of a motor vehicle with alcohol in excess of the prescribed limit.

s 5A: Driving, or attempting to drive, or being in charge of a motor vehicle with a specified drug in excess of the prescribed limit.

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2
Q

How is the s 4 offence different from the s 5 and s 5A offences?

A

For s 4, prosecution has to prove that the suspect’s ability to drive was actually impaired.

For s 5 or s 5A the only evidence required is a certain alcohol or drug concentration in the blood, breath or urine.

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3
Q

What does the notion of a person being ‘in charge of a vehicle’ focus on within case law?

A

Focuses on control of the vehicle and how likely it was for the person to drive.

A suitable defence could be that they’d book a hotel room for the night, or that the wheel was clamped.

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4
Q

For s 4 offences, what does the term drug mean?

A

Any substance which can cause an intoxicating (psychoactive) effect.

This includes all “controlled drugs” and other psychoactive substances.

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5
Q

For an offence under s 5A, what must the drug be?

A

One of the 17 drugs listed in s 5A, and no other drugs or substances can be taken into account.

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6
Q

State the offence of s 4 of the Road Traffic Act 1988.

A

A person commits an offence when driving, or attempting to drive, a mechanically propelled vehicle on a road or other public place and is unfit to drive through drink or drugs.

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7
Q

The evidence presented to a court for a s 4 offence is likely to include:

A
  • The style of driving before the accused was stopped.
  • His/her demeanour at time of stop (speech, unsteadiness).
  • The results of any preliminary tests.
  • The report by a medical examiner whilst in custody.
  • The results of evidential drug tests (using blood or urine samples).
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8
Q

What are the two prescribed limit offences?

A

s 5 - relates to alcohol.

s 5A- relates to specified drugs.

Both only require evidence that the level of the substance in the suspect was over the prescribed limit, and evidence that the person was driving, attempting to drive, or was in charge of a motor vehicle.

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9
Q

State the offence of s 5 of the Road Traffic Act 1988.

A

It is an offence for a person to drive or be in charge of a motor vehicle on a a road or other public place after consuming so much alcohol that the proportion of it in [his/her] breath, blood or urine exceeds the prescribed limit.

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10
Q

What are the prescribed limits of alcohol per 100ml for breath, blood and urine?

A

Breath: 35 microgramme

Blood: 80 milligrames

Urine: 107 milligrames

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11
Q

What are the penalties for s5 offences?

A

Triable summarily

  • (s 5(1)(a)) For driving or attempting to drive above the prescribed limit: 6 months imprisonment and/or a fine, and obligatory disqualification.
  • (s 5(1)(b)) For being in charge of a vehicle above the prescribed limit: 3 months imprisonment and/or a fine, and discretionary disqualification.
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12
Q

What are the penalties for s5A offences?

A

Triable summarily

For driving or attempting to drive above the prescribed limit: 6 months imprisonment and/or a fine, and obligatory disqualification.

For being in charge of a vehicle above the prescribed limit: 3 months imprisonment and/or a fine, and discretionary disqualification.

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13
Q

What are some defences to s5A offences?

A
  1. The suspect can show that the specified controlled drug as been prescribed or supplied for medical or dental purposes,
  2. and were taken in accordance with the instructions
  3. Immediately before taking the drug, its possession was lawful
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14
Q

What 2 kinds of roadside screening tests are there?

What sections do various tests come under?

A
  1. Preliminary Impairment tests
  2. Tests for the presence of alcohol

s 6A: Breath
s 6B: Impairment
s 6C: Drugs

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15
Q

What are the circumstances for administering preliminary tests:

A

In or out of uniform a police officer reasonably suspects a person is (or has been)…

  1. Driving
  2. Attempting to drive
  3. In charge of

…a motor vehicle on a road or public place and…

  1. Is under the influence of alcohol or drugs.
  2. Has committed a moving traffic offence.
  3. Has been involved in an accident.

…in which case a police officer can require the person to cooperate with one or more preliminary tests.

Must be in uniform to conduct the tests (except for after an accident).

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16
Q

Is a power of entry available to administer preliminary tests?

A

Yes - 6E of the Road Traffic Act 1988

Only after an accident in which the police officer reasonably suspects a person has been injured.

Can be for any place, using reasonable force if necessary.

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17
Q

What is the Field Impairment Test (FIT)?

A

Used as the preliminary impairment test for s 4 offences, and the officer carrying out the test must be suitably trained.

Subject is asked to carry out a number of specific actions with his/her eyes closed, such a walking in a straight line or judging time.

Test fail = grounds for arrest.

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18
Q

What offences are screening tests for alcohol used for?

A

Primarily used for s 5 offences, but can also be used to s 4 offences.

For s 5, used to find out if it is likely that there is sufficient alcohol in the subjects system to provided grounds for suspicion that an arrest has been committed.

For s 4, test can confirm the presence of alcohol, avoiding need for DR opinion.

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19
Q

What does a positive result from a preliminary breath test for alcohol mean?

A

Justified arrest because it provides the officer with the grounds to suspect that the proportion fo alcohol in the person’s breath or blood exceeds the prescribed limit.

Must be told they’re under arrest and the reasons (s 6D(1) of the Road Traffic Act 1988).

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20
Q

Can an officer arrest someone under the influence of a drug that cannot be detected by a device?

A

Yes- if they suspect this is the case and can justify an arrest due to the person’s demeanour.

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21
Q

When a person fails to co-operate with a preliminary test when required to do so what law is this covered by?

A

Section 6(6) of the Road Traffic Act 1988

22
Q

If the result of a preliminary alcohol or drugs test is positive the person should be arrested so that evidential tests can be carried out.

What powers are given for arrest for a s 5 or 5a offence?

What powers are given for arrest for an s 4 offence?

A

s 5 or s 5A offence (driving over the prescribed limit) the arrest power is provided under s D(1) of the Road Traffic Act 1988.

s 4 offence (driving while unfit) the arrest power is provided under s24 of the PACE Act 1968.

There is a power of entry in order to arrest a person who has been involved in an injury acicdent and provided a positive preliminary test (s 6 of the Road Traffic Act 1988).

23
Q

If the result of a preliminary test is negative but it still seems that the driver is intoxicated then the officer could:

A
  • Conduct a preliminary drugs or alcohol test (whichever has not been done.
  • Conduct a preliminary impairment test (if qualified and equipment is available).
  • Arrest under s 5A if it seems likely the intoxication is caused by the other 15 specified drugs on the s 5A list.
  • Arrest the driver under s 24 of the PACE Act 1984 on suspicion of driving whilst unfit (s 4)
24
Q

Does the person need to be in the vehicle to commit an s.4 offence?

A

No

25
Q

Does an unsuccessful attempt to start a vehicle count as an s.4 offence?

A

Yes

26
Q

What can be used to prove that someone is unfit to drive through drink or drugs?

A
  1. Testing for physical coordination
  2. A preliminary breath test
  3. Evidential blood/urine tests
27
Q

What drugs can a preliminary drug test highlight?

What must be used to detect other drugs?

A

Cannabis or cocaine

Blood/urine samples

28
Q

What should you do if there are many people in a vehicle?

A
  1. Clarify who was driving
  2. If no one admits to being the driver, more than one person from the vehicle can be tested?
  3. A number of individuals may have been in charge of the same vehicle, in which case all of them should be subject to testing
29
Q

What are the two types of breathalyser approved by the Secretary of State?

A
  1. Electronic devices- e.g. the Lion Alcolmeter 500

2. Non-electronic devices- inflation of a bag. Used less often

30
Q

What must an officer do before administering a preliminary test?

A
  1. They must make the requirement in a form of words that complies with the legislation, including the implications of failing to comply
  2. They must also ask the person when he/she last drank alcohol or smoked, as this can disrupt the test results. Failing to ask these questions won’t invalidate the test, nor will innocent failure to follow the instruction render the arrest and evidential test unlawful
31
Q

What are the steps that should be taken when doing a preliminary breath test?

A
  1. The driver should be asked to take a deep breath and blow into the machine in one continuous breath until requested to stop
  2. The person should be told the result of the test
  3. A positive result will justify an arrest, as the proportion of alcohol in the person’s breath exceeds the prescribed limit.
  4. The suspect must be told the reason for the arrest and they they are under arrest contrary to the Road Traffic Act 1988 and must be cuationed
  5. An evidential test must then be carried out
32
Q

What is a screening test for drugs used for?

A

For s.5, it can be used to find out if it’s likely that there’s sufficient drug in someone’s body to provide grounds for suspecting that the offence has been committed.

For s.4 it can confirm the presence of certain drugs so there’s no need for a dr to confirm

33
Q

How does a screening test work?

A

The test is carried out on a sample of saliva, that identifies cocaine and THC, which account for the large majority of drivers under the influence of a drug

34
Q

What are the two devices currently approved by the Home Office for roadside screening?

A
  1. The Draeger DrugTest 5000
  2. The Suretec DrugWipe 3S

Both use the same technology to detect drugs, but display their results in different ways

35
Q

What do you do if someone fails to cooperate with a preliminary test, but you reasonably suspect that they are under the influence?

A

Arrest under s.6D Road Traffic Act 1988 1988

Tried summarily. Obligatory endorsement (4 points) and discretionary disqualification

36
Q

Where would you give the requirement for an evidential test?

A
  1. At a police station
  2. At a hospital if the suspect is a hospital patient
  3. Sometimes conducted at the road side

(s 7(2) of the Road Traffic Act 1988).

37
Q

What kind of test should be taken fr a S.4 test

And for an s.5A?

A

Blood or urine

Blood

38
Q

What is preferential for an alcohol test?

A

Breath over blood or urine

39
Q

What reasons might there be for doing a blood or urine test instead of a blood test?

A
  1. There is reasonable suspicion to believe that a medical reason prevents the use of a breath test
  2. The approved device is not available
  3. There is cause to believe the device gave an unreliable result
40
Q

Do you need to have been given a preliminary test in order to do an evidential breath test?

A

No, if the suspect is being investigated for the offences of causing death by careless driving when under the influences of drink or drugs or for being unfit to drive (s.3A and 4 of the Road Traffic Act 1988)

41
Q

How many samples of breath are required n order to do an evidential breath test?

Which of the two will be taken?

A

2 samples, from the same cycle (this is the process and period of time in which the two samples are collected).

The sample containing the lower proportion of alcohol, the other will be disregarded.

42
Q

How does the evidential breath test take place?

A

It will then be analysed by a device approved by the Secretary of state by a trained user of the machine.

MGDD forms must be used to record the breath test procedure- these will constitute the “notes made at the time”

43
Q

What should the suspect be warned about if they don’t provide a suitable specimen from an evidential breath test?

A

It may render them liable to prosecution (s.7 of the Road Traffic Act 1988).

44
Q

What section deals with requiring evidential blood or urine samples?

A

s.7(3) of the Road Traffic Act 1988

45
Q

Under what legislation is it an offence to provide a specimen of breath for an evidential breath test?

A

s 7(6) of the Road Traffic Act 1988

46
Q

The requirement to provide a specimen of blood or urine can only be made where?

A

At a police station or hospital.

47
Q

What is a back calculation?

A

When people claim to have had alcohol quickly after the incident, a back calculation can be carried out in order to determine what a person’s alcohol content was at an earlier point in time.

This occurs when investigators have reason to suspect that at the time of the alleged incident the alcohol in a persons system would have exceeded the legal limit.

48
Q

When a back calculation is being used in an investigation the police are required to fill out a MGDD/D form, this form is used to provide forensic toxicologists with details that will aid them in performing the back calculation.

The details include a persons:

Other information to be included in the form includes:

A
  • sex
  • age
  • height
  • weight
  • build
  • Time of incident
  • Time any samples were taken (breath, blood or urine)
  • Details of food consumption
  • Details of any medical conditions
  • Details of any medication taken
  • Details of alcohol consumed including quantities and times
49
Q

Drink- and drug driving and admission to hospital (s 9)

Obtaining samples from a hospital patient

A
  • Dr must be notified before a requirement is made (s 9(1)).
  • Procedures must be explained as welfare of patient is paramount.
  • If Dr does not object, patient can be asked to cooperate with a preliminary test….
  1. If agrees to give an evidential specimen of breath carry out yourself.
  2. If agrees to give an evidential specimen blood or urine, request own force medical examiner - do not allow hospital staff to do it.
50
Q

Can a hospital patient be arrested for failing to cooperate with a preliminary test?

A

No but may render themselves liable to prosecution under s 7(6) of the Road Traffic Act 1988.

51
Q

Specimens of blood taken from persons incapable of consenting

A

An unconscious patient cannot take part in a breath test and so a blood sample will be required.

Once again relevant medical practitioner needs to be notified.

Blood sample must not be analysed until patient regains consciousness and gives consent (s 7A(4)).

It is an offence to refuse permission (s 7A(6)).

19. Road and Traffic Policing (11 decks)

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