Drink Driving and ASB

Question 1

Section 4 RTA 1988 Unfit through drink or drugs

Answer 1

Actions: Driving, attempting, incharge.
Vehicle - Mechanically Propelled Vehicle.
Where: Road or public place.
Uniform - Not needed
Power to arrest - Constable may arrest where they suspect.
Offence - Unfit through drink or drugs
Arrest - If committing or has been committed.
Power of entry - S17 PACE 1984
Defences - No

Question 2

Section 5 and 6 RTA ACT 1988 Over prescribed limit

Answer 2

Actions: Driving, attempting, incharge.
Vehicle - Mechanically Propelled Vehicle.
Where: Road or public place.
Uniform -Yes to conduct test
Power to arrest S6 - 1. Has alcohol or drugs in system.
2 Committed moving traffic offence. 3 Involved in RTC
Offence - Breath,Blood, urine exceeds prescribed limit.
Arrest - 1. Positive Breath Test 2. Failure to provie and constable suspects alcohol in body
Power of entry - Conditional - following injury collision
Defences - No
Screening in hospital - must be done by PC, unless blood test. Failure - offence, positive - hospital procedure.

Question 3

S3A RTA 1988 Causing death by dangerous driving whilst under the influence of drugs or alcohol or having failed to provide a sample

Answer 3

Triable ether way - 2 year ban, 14 years in prison

Failing to proved - breath, urine or blood

Question 4

S59 Police Reform Act 2002 - Seizure of a vehicle that is being used to cause H/A/D

Answer 4

Constable in uniform
Has reasonable grounds to believe that the vehicle has been used or is being used in a manner.
- Careless/ inconsiderate or off roading and cause H/A/D to the public.

Can
Order to stop
Seize if had prior warning
Enter premises where they believe the vehicle to be.