Drink Driving & Driving Offences Flashcards
Which extract of legislation covers Disqualified Driving?
Section 103 Road Traffic Act (1988)
How is Section 103 Disqualified Driving triable?
Summary only, in Magistrates
What two things constituent Section 103 disqualified driving?
A person is guilty if, whilst disqualified from holding/obtaining a licence he
1) Obtains a licence
2) Drives a MOTOR VEHICLE on a ROAD
What is the definition of “Motor Vehicle”?
Anything which is adapted for use on the road
Is a licence obtained by someone who is disqualified ever legitimate?
No - this constitutes Disqualified Driving Section 103
How is “driving” defined in respect of Section 103 disqualified driving?
Being in control of the propulsion of a motor vehicle
Would free wheeling down a hill or sitting in traffic at a red light constitute “driving” for the purpose of Section 103 disqualified driving?
Yes
When can a constable arrest without warrant in relation to Section 103 disqualified driving?
When they have reasonable grounds for suspecting that a person who IS driving or HAS driven is/was disqualified at the time
Can a constable arrest without warrant a person under Section 103 disqualified driving if they have reasonable grounds for suspecting they are about to/will attempting to do so without a licence?
No - an arrest can only be made in relation to has driven (past) or is driving (present). NOT future or possible offences
Can a person ever be guilty of “attempting” Section 103 disqualified driving?
No - Section 103 disqualified driving is a summary offence. Summary offences cannot be “attempted”
What should be done in respect of any Motor Vehicle used in the course of Section 103 disqualified driving?
It should be seized (it has no insurance by default)
Is there an available power of entry for Section 103 disqualified driving?
No, as it is a summary offence
What is the one exception in which a constable may have a power of entry with regard to Section 103 disqualified driving?
If the offender fails to stop for a constable suspecting this offence, and then runs home. There is a power of entry lasting 24hrs in this instance.
What is the maximum number of points allowed to a driver within their first 2 years since licensing before disqualification?
6
How many points trigger disqualification for driving in those who have had a licence longer than 2 years?
12
Are there any offences which may trigger the automatic disqualification of a driver?
Yes - death by dangerous, careless or drink driving warrants automatic disqualification
Which extract of legislation covers Drink Driving?
Section 4, The Road Traffic Act 1988
What is the definition of Section 4 Drink Driving?
Is an offence for any person to drive, attempt to drive or be in charge of an MPV on a road or other public place whilst unfit through drink or drugs
In which three circumstances can a person be guilty of Section 4 Drink Driving?
1 - When driving
2- When attempting to drive
3 - When in charge of
an MPV AND unfit through drink/drugs
In respect of the driving of what kind of vehicle can a charge of Section 4 Drink Driving be applied?
In respect of Mechanically Propelled Vehicles - MPVs
Where can an offence of Section 4 Drink Driving take place?
On a road or other public place
Who determines if a driver is unfit through drink/drugs?
A constable
Can a charge of Section 4 Drink Driving be applied if a constable does not have a breathalyser with them at the time of stopping a driver?
Yes - constables are deemed to have expertise in intoxication.
Can a charge of Section 4 Drink Driving be applied if a person is in charge of/operating a vehicle which does not have a motor?
Yes - Section 4 Drink Driving applies to MECHANICALLY PROPELLED VEHICLES (MPVs) and therefore includes, and extends beyond, Motor Vehicles.
Is attempting to drive and being in charge of a vehicle the same thing?
No. Attempting to drive is just that - being in the vehicle and making attempts to operate the vehicle (no matter how ineffective). In charge of a vehicle does not require an attempt to operate any vehicle - it can extend to simply sitting in the vehicle.
What is the benchmark for being deemed “in charge” of a vehicle?
There is no benchmark. This is a judgement call and should include assessment of such factors as a person’s past history, the car’s location, where the person has come from, the position of the ignition key etc.
In questioning somebody about their behaviours prior to stopping, does the caution need to be given?
Not whilst asking basic questions and attempting to determine if an offence has been committed. When this determination is made, the caution should be given.
If a defendant maintains they had no intention to drive, where does the burden of proof lie in determining guilt with respect to Section 4 Drink Driving?
With the defence, to prove the defendant had no intention of driving
If a vehicle has been wheel clamped, can a person be deemed guilty of Section 4 Drink Driving by being “in charge” of said vehicle?
Usually no - the clamping of a wheel would usually provide a defence to being deemed “in charge”
What is the definition of “unfit”?
The suspect’s ability to drive at the time was impaired
If the drugs causing intoxication are clinically approved/prescribed, can a charge of Section 4 Drink Driving still be applied?
Yes - being unfit to drive is possible through use of both medically supplied drugs AND controlled substances
In the instance of a person being unfit to drive through migraine or other illness, can a charge of Section 4 Drink Driving be applied?
Usually not - this is more likely to constitute Careless Driving, not Drink Driving.
What are the possible penalties for Section 4 Drink Driving summarily?
6 months’ imprisonment and/or fine
Obligatory disqualification
3-11 points on licence
What is the definition of “Drink”?
Any alcoholic drink
What is the definition of drugs?
Any controlled substance besides alcohol - includes glue
What extract of legislation covers Drink Driving above the prescribed limit?
Section 5, The Road Traffic Act 1988
What is the definition of Section 5 Drink Driving above the prescribed limit?
Driving/attempting to drive/being in charge of a Motor Vehicle on a road or other public place after consuming so much alcohol that the proportion of it in the breath / blood / urine exceeds the prescribed limit
In which three circumstances can a person be guilty of Section 5 Drink Driving above the prescribed limit?
1 - Driving
2 - Attempting to Drive
3 - Being in control of a Motor Vehicle (MV)
In respect of the driving of what kind of vehicle can a charge of Section 5 Drink Driving above the prescribed limit be applied?
A Motor Vehicle (MV)
Where can an offence of Section 5 Drink Driving above the prescribed limit take place?
On a road or other public place
What 3 bodily substances can be used to test if alcohol exceeds the prescribed limit in cases of Section 5 Drink Driving?
1 - Breath
2 - Blood
3 - Urine
Can Section 5 Drink Driving above the prescribed limit occur on private land?
No
Can Section 5 Drink Driving above the prescribed limit be applied to cases of intoxication from substances other than alcohol?
No - Section 5 refers purely to alcohol. Section 5A relates to drugs but if this is suspected, use Section 4 of the RTA 1988
What is the legal limit for alcohol content by breath (mg)?
35mg
What is the legal limit for alcohol content by blood (mg)?
80mg
What is the legal limit for alcohol content by urine (mg)?
107mg
Can you breathalyse a person suspected of driving anything other than a Motor Vehicle?
No - breathalysation applies only to those driving a MOTOR VEHICLE
To make an arrest under Section 5 Drink Driving above the prescribed limit, what should be the minimum breathalysed figure (mg)?
40mg - this is the lower limit for charging
When will a defendant be formally charged for Section 5 Drink Driving above the prescribed limit upon breathalysation?
In custody
Can a person be arrested after a first breathalysation reading before reaching custody?
Yes, so long as this is “on suspicion of”
What is the available defence to Section 5 Drink Driving above the prescribed limit?
That the defendant did not intend to drive (burden of proof is on the defence to prove this)
Which extract of legislation governs powers in relation to drink/drug driving?
Section 6 Road Traffic Act 1988
What powers does Section 6 Road Traffic Act 1988 confer on a police officer?
The power to request people suspected of drink driving to take a preliminary breathalyser test when
1) The constable reasonably suspects the suspect has driven/attempted to drive/is in charge of a Motor Vehicle WITH alcohol in their system
2) The suspect is or has been driving / attempting to drive and they commit a traffic offence while the vehicle is in motion
3) Following any Road Traffic Collision (RTC)
Can a breathalyser test be administered under the power of Section 6 in relation to a suspected incident of Section 4 Drink Driving?
NO - Section 6 powers are only available to cases where Section 5 Drink Driving over the prescribed limit is suspected. NOT Section 4 Drink Driving
What is the first instance in which a constable can request a person to take a preliminary breathalyser test under Section 6?
When they reasonable suspect a person has driven / attempt to drive / is in charge of a MOTOR VEHICLE AND suspects they have alcohol in their system
What is is vital to remember when pursuing Section 6 in regard of those you reasonably suspect of drive / attempt to drive / is in charge of an MV and suspects alcohol?
You MUST have reasonable grounds for suspecting the person drives / attempts to drive / is in charge of an MV and has alcohol in their system. If you don’t have reasonable grounds a breathalyser CANNOT be administered
What question should you ask when carrying out a breathalyser test in respect of those you reasonably suspect of drive / attempt to drive / is in charge of an MV and suspects alcohol?
“When did you have your last drink?” - an open ended question will yield more information
What is the second instance in which a constable can request a person to take a preliminary breathalyser test under Section 6?
If you have reasonable grounds to suspect the person is or has been driving / attempting to drive when they commit a traffic offence while the vehicle is in motion.
If a person is asked to provide a preliminary breathalyser sample on the grounds that they are suspected of driving / attempting to drive when they commit a traffic offence while the vehicle is in motion, must they do so?
Yes
What is the third instance in which a constable can request a person to take a preliminary breathalyser test under Section 6?
After ANY Road Traffic Collision (does not HAVE to be injury or fatal, though this is obviously included)
If a suspect refuses to provide a breathalyser sample after being requested under Section 6 on reasonable grounds of suspicion for drive / attempt to drive / is in charge of an MV and has alcohol in their system, what should a constable then do?
Arrest the suspect there and then
If a suspect refuses to provide after being reasonably suspected to drive/ attempt to drive and committing a traffic offence in a moving vehicle, OR after involvement in any RTC, what can a constable then do?
Step 1 - Request the person to provide a breath sample
Step 2 - If still refused, report the suspect
If a suspect is not fully complying with the request to provide a breath sample, malingering, delaying of otherwise not provide the sample properly, can this be regarded as a refusal?
Yes, it may
What is the acronym to remember the occasions on which a Section 6 preliminary breathalyser can be carried out?
T raffic
O ffence,
A ccident,
D riving & suspect alcohol drugs
If a person reports that they are medically unfit to provide a preliminary breath test, what should you bear in mind?
The breathalyser device is designed in such a way that anyone can provide a sample, no matter their respiratory capacity. Reassure the suspect of this fact.
Where should a preliminary breathalyser be administered?
A preliminary breathalyser should only be administered AT or NEAR the place you stop them to make this request
If you do not have a breathalyser device to hand when requiring a sample from a suspect, can you transport them to a police station to provide this?
NO - a breathalyser must be brought to you
In order to correctly administer a preliminary breathalyser, how long should one wait to do so?
20 minutes from the time the suspect states their last drink was
What should be considered in relation to the suspect’s use of breath freshener / mouthwash prior to any request for a prelim breathalyser?
These substances can contain alcohol. If the suspect has very recently taken this (in perhaps last 5 minutes -chances slim) it is best practise to wait 20 minutes.
If a person is smoking when requested to take a preliminary breathalyser, what should you first do before administering the test?
Ask the suspect to take 2-3 inhalations of breath before administering this
What powers does Section 6D of the Road Traffic Act 1988 confer?
If as a result of a preliminary test a person fails, or they refused to take the test AND you suspect alcohol, the suspect may be arrested without warrant
Under what circumstances is a power of entry conferred specifically with respect to Section 4 Drink Driving?
If anyone who has driven / attempted to driving / been in charge of an MPV and, having been charged, does a runner, you have a power of entry to their property to arrest them within 24hrs so long as you have good grounds to suspect they are unfit.
What should be remember in respect of powers of entry and Section 4?
Section 4 and its associated powers of entry have NOTHING to do with breathalysing.
How long does the power of entry last in respect of Section 4 if a person who has driven / attempted to driving / been in charge of an MPV and, having been charged, does a runner?
24 hours
What MUST be the case in respect of fulfilling a power of entry for Section 4?
You MUST have reasonable grounds for suspecting the suspect is unfit to drive through drink or drugs.
Under what circumstances is a power of entry conferred specifically with respect to Section 5 Drink Driving above the prescribed limit?
Following any INJURY RTC, you have a power of entry to do a breathalyser test. There is no time limit on this.
To whom would injury be done in respect of any injury RTC where powers of entry specifically with respect to Section 5 Drink Driving above the prescribed limit are pursued?
Injury to ANY ONE, whether the other other drivers, passengers in either car, or the suspect themselves
What time limit is applied to powers of entry to conduct a breathalyser for Section 5 Drink Driving above the prescribed limit?
There is no time limit - attempt to get to suspect asap should be made
Under what circumstances is a second power of entry conferred specifically with respect to Section 5 Drink Driving above the prescribed limit?
Following an INJURY RTC, there is a power of entry to conduct an arrest if either
1) the suspect refuses a breathalyser and legs it
2) the suspect fails a breathalyser and legs it
In what circumstances does the hip flask defence usually occur?
Frequently after an injury RTC and power of entry
What is the hip flask defence?
An attempt by a suspect to nullify a breathalyser test by claiming they have consumed alcohol after legging it away from injury RTC and before power of arrest
What should you a constable do if a suspect claims the hip flask defence?
Conduct the breathalyser test and, if the suspect is over the legal limit, arrest them.
What form is used in custody with respect to Drink Drive offences?
An MG/DD/A form
Who decides if a suspect of Drink Driving offences should have a urine/blood test in custody?
The custody sergeant
Are there any occasions on which a breathalyser test should not be taken?
For legitimate medical reasons - i.e. emphysema; asthma
If a driver suspected of drink driving offences has been involved in an injury RTC, they may be badly injured and require hospital treatment. In this instance, what should a constable do?
Go to the hospital to charge the suspect and make the requirement provided you gain consent of the doctor in charge of the suspect’s care
In the instance of making a requirement of a suspect who has been taken to hospital regarding drink/drive offences, is it sufficient to gain consent for this from a nurse/matron?
NO - the ONLY person qualified to sanction the making of the requirement is the DOCTOR in charge of the suspect’s care. NOT the nurse/matron or other staff.
If a patient provides a breathalyser sample which is positive in hospital following doctor’s consent, what process should then take place?
The police doctor should be send for to take a confirmatory blood sample
What should be done if a patient suspect fails to supply a sample after their doctor has given consent?
The suspect should be reported for summons
How long is a suspect deemed a patient (requiring doctor’s consent for samples)?
For as long as they are receiving care
Is a suspect still deemed a patient (requiring doctor’s consent for samples) when in a waiting room after discharge from a ward?
No. The suspect is only a patient whilst receiving care.
What test can be used to test if a driver has a licence?
A #DL test
What form should be used to update a driver’s licence details if those on the PNC are not up-to-date?
A producer form aka a HORT1 form
How long does a suspect have to provide their documentation when issued a producer/HORT1 form?
7 days from midnight of the day on which they are arrested
What 3 forms of documentation can be required under a producer/HORT1 form?
1) Driving Licence
2) MOT
3) Insurance
Where should any documents required under a producer form be taken?
To a police station (within 7 days from midnight of the day on which the suspect is arrested)
What form should be issued to drivers stopped for vehicular defects?
A Vehicle Defect Rectification Scheme (VDRS) form
What does a Vehicle Defect Rectification Scheme (VDRS) form require?
That the driver ensures the defect is corrected and the VDRS form returned to a police station within 14days
What is the nearside wheel?
That closest to the kerb
What is the offside wheel
That furthest from the kerb
If a suspect fails a preliminary breathalyser test at the roadside (over 40mg), what should be done?
The suspect should be arrested
If a suspect fails to provide a preliminary breathalyser tests at the roadside, what should be done?
The suspect should be arrested
