drink driving

Question 1

whats S4, 5, 6 OF the RTA act

Answer 1

s4 - being ungit to drive through drink or drugs

s5 - offences involving the proportion of alchohol/ drugs in body as measured in breath, blood or urine

s6 - power to require preliminary tests

Question 2

unfit through drink or drugs for driving - sec and def

Answer 2

s4(1) rta

• a person who drives or attempts to drive or is in charge of a mechanically propelled vehicle on a road or other public place whilst unfit to drive through drink or drugs commits an offence

Question 3

points to prove for s4(1) rta

Answer 3

3 points
- to prove persons ability to drive was impaired because of consumption of drink and drugs

• evidence required is similar to that required to prove drunkness
• doctors opinion and own observationsn are important

Question 4

s5 rta

Answer 4

• being over on alchohol limit
• a person who drives or attempts to drive
• in charge of a motor vehicle on a road or other public place after consuming so much alchohol that the proportion of it in their breath, blood or urine exceeds the prescriped limit commits and offence

Question 5

whats the prescribed limits for , breathe

Answer 5

• breath, 35 micrograms in 100 milliliters

Question 6

whats prescribed limit for blood

Answer 6

• 80 milligrams of 100 milliliters of blood

Question 7

whats the prescribed limit for urine

Answer 7

107 miligrams in 100 mililieters of urine

Question 8

whats the prescribed limit for cocaine

Answer 8

• 10 micrograms per litre

Question 9

whats the prescribed limit for cannabis

Answer 9

• 2 micrograms per litre

Question 10

offence for driving over on drugs

Answer 10

• s5a rta
• when a person drives or attempts to drive or
• is in charge of a motor vehicle on a road or other public place and there is in that persons body a specified control drug, they are guilty of an offence if the proportion of the drug in their blood or urine exceeds the specified limit for that drug

Question 11

whats the defence for 5a rta

Answer 11

• so thats when you are over the prescribed limit for drugs
• defence is you were prescribed the drugs and you took them in occordance of the prescription or the manufaturer or the distributer
• he was not in unlawful possession

Question 12

whats s6 rta

Answer 12

power to do required preliminary tests

Question 13

whasts the 4 circs for s6 rta

Answer 13

so
6(2) driving with alchol drugs in body

6(3) has been driving with alchohol/ drug in body

6(4) has been driving and committed a moving traffic offence

6(5) driving at the time of an accident occured

Question 14

numonic for testing

Answer 14

SAM

S - SUSPECT DRIVER maybe under the influance of alchohol/ drugs

A - ACCIDENT - occures where vehicle has been involved in a RTC

M - MOVING TRAFFIC OFFENCE - has been committed

random tested is not permitted

Question 15

when you fail to give a specimin

Answer 15

s6 (6) rta

• commits an offence without reasonable excuse they fail to cooperate with a preliminary test in pursuance of a recruitment under this section