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NWP Special Constable Exam > Drink Driving & Driving Offences > Flashcards

Drink Driving & Driving Offences Flashcards

1
Q

Which extract of legislation covers Disqualified Driving?

A

Section 103 Road Traffic Act (1988)

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2
Q

How is Section 103 Disqualified Driving triable?

A

Summary only, in Magistrates

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3
Q

What two things constituent Section 103 disqualified driving?

A

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

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4
Q

What is the definition of “Motor Vehicle”?

A

Anything which is adapted for use on the road

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5
Q

Is a licence obtained by someone who is disqualified ever legitimate?

A

No - this constitutes Disqualified Driving Section 103

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6
Q

How is “driving” defined in respect of Section 103 disqualified driving?

A

Being in control of the propulsion of a motor vehicle

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7
Q

Would free wheeling down a hill or sitting in traffic at a red light constitute “driving” for the purpose of Section 103 disqualified driving?

A

Yes

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8
Q

When can a constable arrest without warrant in relation to Section 103 disqualified driving?

A

When they have reasonable grounds for suspecting that a person who IS driving or HAS driven is/was disqualified at the time

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9
Q

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?

A

No - an arrest can only be made in relation to has driven (past) or is driving (present). NOT future or possible offences

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10
Q

Can a person ever be guilty of “attempting” Section 103 disqualified driving?

A

No - Section 103 disqualified driving is a summary offence. Summary offences cannot be “attempted”

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11
Q

What should be done in respect of any Motor Vehicle used in the course of Section 103 disqualified driving?

A

It should be seized (it has no insurance by default)

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12
Q

Is there an available power of entry for Section 103 disqualified driving?

A

No, as it is a summary offence

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13
Q

What is the one exception in which a constable may have a power of entry with regard to Section 103 disqualified driving?

A

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.

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14
Q

What is the maximum number of points allowed to a driver within their first 2 years since licensing before disqualification?

A

6

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15
Q

How many points trigger disqualification for driving in those who have had a licence longer than 2 years?

A

12

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16
Q

Are there any offences which may trigger the automatic disqualification of a driver?

A

Yes - death by dangerous, careless or drink driving warrants automatic disqualification

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17
Q

Which extract of legislation covers Drink Driving?

A

Section 4, The Road Traffic Act 1988

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18
Q

What is the definition of Section 4 Drink Driving?

A

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

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19
Q

In which three circumstances can a person be guilty of Section 4 Drink Driving?

A

1 - When driving
2- When attempting to drive
3 - When in charge of
an MPV AND unfit through drink/drugs

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20
Q

In respect of the driving of what kind of vehicle can a charge of Section 4 Drink Driving be applied?

A

In respect of Mechanically Propelled Vehicles - MPVs

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21
Q

Where can an offence of Section 4 Drink Driving take place?

A

On a road or other public place

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22
Q

Who determines if a driver is unfit through drink/drugs?

A

A constable

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23
Q

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?

A

Yes - constables are deemed to have expertise in intoxication.

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24
Q

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?

A

Yes - Section 4 Drink Driving applies to MECHANICALLY PROPELLED VEHICLES (MPVs) and therefore includes, and extends beyond, Motor Vehicles.

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25
Q

Is attempting to drive and being in charge of a vehicle the same thing?

A

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.

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26
Q

What is the benchmark for being deemed “in charge” of a vehicle?

A

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.

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27
Q

In questioning somebody about their behaviours prior to stopping, does the caution need to be given?

A

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.

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28
Q

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?

A

With the defence, to prove the defendant had no intention of driving

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29
Q

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?

A

Usually no - the clamping of a wheel would usually provide a defence to being deemed “in charge”

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30
Q

What is the definition of “unfit”?

A

The suspect’s ability to drive at the time was impaired

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31
Q

If the drugs causing intoxication are clinically approved/prescribed, can a charge of Section 4 Drink Driving still be applied?

A

Yes - being unfit to drive is possible through use of both medically supplied drugs AND controlled substances

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32
Q

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?

A

Usually not - this is more likely to constitute Careless Driving, not Drink Driving.

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33
Q

What are the possible penalties for Section 4 Drink Driving summarily?

A

6 months’ imprisonment and/or fine
Obligatory disqualification
3-11 points on licence

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34
Q

What is the definition of “Drink”?

A

Any alcoholic drink

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35
Q

What is the definition of drugs?

A

Any controlled substance besides alcohol - includes glue

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36
Q

What extract of legislation covers Drink Driving above the prescribed limit?

A

Section 5, The Road Traffic Act 1988

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37
Q

What is the definition of Section 5 Drink Driving above the prescribed limit?

A

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

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38
Q

In which three circumstances can a person be guilty of Section 5 Drink Driving above the prescribed limit?

A

1 - Driving
2 - Attempting to Drive
3 - Being in control of a Motor Vehicle (MV)

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39
Q

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

A Motor Vehicle (MV)

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40
Q

Where can an offence of Section 5 Drink Driving above the prescribed limit take place?

A

On a road or other public place

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41
Q

What 3 bodily substances can be used to test if alcohol exceeds the prescribed limit in cases of Section 5 Drink Driving?

A

1 - Breath
2 - Blood
3 - Urine

42
Q

Can Section 5 Drink Driving above the prescribed limit occur on private land?

A

No

43
Q

Can Section 5 Drink Driving above the prescribed limit be applied to cases of intoxication from substances other than alcohol?

A

No - Section 5 refers purely to alcohol. Section 5A relates to drugs but if this is suspected, use Section 4 of the RTA 1988

44
Q

What is the legal limit for alcohol content by breath (mg)?

A

35mg

45
Q

What is the legal limit for alcohol content by blood (mg)?

A

80mg

46
Q

What is the legal limit for alcohol content by urine (mg)?

A

107mg

47
Q

Can you breathalyse a person suspected of driving anything other than a Motor Vehicle?

A

No - breathalysation applies only to those driving a MOTOR VEHICLE

48
Q

To make an arrest under Section 5 Drink Driving above the prescribed limit, what should be the minimum breathalysed figure (mg)?

A

40mg - this is the lower limit for charging

49
Q

When will a defendant be formally charged for Section 5 Drink Driving above the prescribed limit upon breathalysation?

A

In custody

50
Q

Can a person be arrested after a first breathalysation reading before reaching custody?

A

Yes, so long as this is “on suspicion of”

51
Q

What is the available defence to Section 5 Drink Driving above the prescribed limit?

A

That the defendant did not intend to drive (burden of proof is on the defence to prove this)

52
Q

Which extract of legislation governs powers in relation to drink/drug driving?

A

Section 6 Road Traffic Act 1988

53
Q

What powers does Section 6 Road Traffic Act 1988 confer on a police officer?

A

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)

54
Q

Can a breathalyser test be administered under the power of Section 6 in relation to a suspected incident of Section 4 Drink Driving?

A

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

55
Q

What is the first instance in which a constable can request a person to take a preliminary breathalyser test under Section 6?

A

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

56
Q

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?

A

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

57
Q

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?

A

“When did you have your last drink?” - an open ended question will yield more information

58
Q

What is the second instance in which a constable can request a person to take a preliminary breathalyser test under Section 6?

A

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.

59
Q

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?

A

Yes

60
Q

What is the third instance in which a constable can request a person to take a preliminary breathalyser test under Section 6?

A

After ANY Road Traffic Collision (does not HAVE to be injury or fatal, though this is obviously included)

61
Q

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?

A

Arrest the suspect there and then

62
Q

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?

A

Step 1 - Request the person to provide a breath sample

Step 2 - If still refused, report the suspect

63
Q

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?

A

Yes, it may

64
Q

What is the acronym to remember the occasions on which a Section 6 preliminary breathalyser can be carried out?

A

T raffic
O ffence,
A ccident,
D riving & suspect alcohol drugs

65
Q

If a person reports that they are medically unfit to provide a preliminary breath test, what should you bear in mind?

A

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.

66
Q

Where should a preliminary breathalyser be administered?

A

A preliminary breathalyser should only be administered AT or NEAR the place you stop them to make this request

67
Q

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?

A

NO - a breathalyser must be brought to you

68
Q

In order to correctly administer a preliminary breathalyser, how long should one wait to do so?

A

20 minutes from the time the suspect states their last drink was

69
Q

What should be considered in relation to the suspect’s use of breath freshener / mouthwash prior to any request for a prelim breathalyser?

A

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.

70
Q

If a person is smoking when requested to take a preliminary breathalyser, what should you first do before administering the test?

A

Ask the suspect to take 2-3 inhalations of breath before administering this

71
Q

What powers does Section 6D of the Road Traffic Act 1988 confer?

A

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

72
Q

Under what circumstances is a power of entry conferred specifically with respect to Section 4 Drink Driving?

A

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.

73
Q

What should be remember in respect of powers of entry and Section 4?

A

Section 4 and its associated powers of entry have NOTHING to do with breathalysing.

74
Q

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?

A

24 hours

75
Q

What MUST be the case in respect of fulfilling a power of entry for Section 4?

A

You MUST have reasonable grounds for suspecting the suspect is unfit to drive through drink or drugs.

76
Q

Under what circumstances is a power of entry conferred specifically with respect to Section 5 Drink Driving above the prescribed limit?

A

Following any INJURY RTC, you have a power of entry to do a breathalyser test. There is no time limit on this.

77
Q

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?

A

Injury to ANY ONE, whether the other other drivers, passengers in either car, or the suspect themselves

78
Q

What time limit is applied to powers of entry to conduct a breathalyser for Section 5 Drink Driving above the prescribed limit?

A

There is no time limit - attempt to get to suspect asap should be made

79
Q

Under what circumstances is a second power of entry conferred specifically with respect to Section 5 Drink Driving above the prescribed limit?

A

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

80
Q

In what circumstances does the hip flask defence usually occur?

A

Frequently after an injury RTC and power of entry

81
Q

What is the hip flask defence?

A

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

82
Q

What should you a constable do if a suspect claims the hip flask defence?

A

Conduct the breathalyser test and, if the suspect is over the legal limit, arrest them.

83
Q

What form is used in custody with respect to Drink Drive offences?

A

An MG/DD/A form

84
Q

Who decides if a suspect of Drink Driving offences should have a urine/blood test in custody?

A

The custody sergeant

85
Q

Are there any occasions on which a breathalyser test should not be taken?

A

For legitimate medical reasons - i.e. emphysema; asthma

86
Q

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?

A

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

87
Q

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?

A

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.

88
Q

If a patient provides a breathalyser sample which is positive in hospital following doctor’s consent, what process should then take place?

A

The police doctor should be send for to take a confirmatory blood sample

89
Q

What should be done if a patient suspect fails to supply a sample after their doctor has given consent?

A

The suspect should be reported for summons

90
Q

How long is a suspect deemed a patient (requiring doctor’s consent for samples)?

A

For as long as they are receiving care

91
Q

Is a suspect still deemed a patient (requiring doctor’s consent for samples) when in a waiting room after discharge from a ward?

A

No. The suspect is only a patient whilst receiving care.

92
Q

What test can be used to test if a driver has a licence?

A

A #DL test

93
Q

What form should be used to update a driver’s licence details if those on the PNC are not up-to-date?

A

A producer form aka a HORT1 form

94
Q

How long does a suspect have to provide their documentation when issued a producer/HORT1 form?

A

7 days from midnight of the day on which they are arrested

95
Q

What 3 forms of documentation can be required under a producer/HORT1 form?

A

1) Driving Licence
2) MOT
3) Insurance

96
Q

Where should any documents required under a producer form be taken?

A

To a police station (within 7 days from midnight of the day on which the suspect is arrested)

97
Q

What form should be issued to drivers stopped for vehicular defects?

A

A Vehicle Defect Rectification Scheme (VDRS) form

98
Q

What does a Vehicle Defect Rectification Scheme (VDRS) form require?

A

That the driver ensures the defect is corrected and the VDRS form returned to a police station within 14days

99
Q

What is the nearside wheel?

A

That closest to the kerb

100
Q

What is the offside wheel

A

That furthest from the kerb

101
Q

If a suspect fails a preliminary breathalyser test at the roadside (over 40mg), what should be done?

A

The suspect should be arrested

102
Q

If a suspect fails to provide a preliminary breathalyser tests at the roadside, what should be done?

A

The suspect should be arrested

NWP Special Constable Exam (26 decks)

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