Drink/drug Drive Flashcards
What is s.4 of the Road Traffic Act 1988?
It is an offence for a person to drive, attempt to drive or be in charge of a mechanically propelled vehicle on a road or public place whilst unfit to drive through drink or drugs. A constable May arrest s.24 PACE if he has reasonable cause to suspect that the person is or has been committing this offence
What is section 5 of the RTA 1988?
It is an offence for a person to drive, attempt to drive, or be in charge of a motor vehicle on a road or public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit
What is the prescribe limit for alcohol?
35 microgrammes of alcohol in 100 mils on breath
80 milligrams of alcohol in 100 mils of blood
107 milligrams of alcohol in 100 mils of urine
What is s.6 of the RTA 1988?
Where a constable in uniform has reasonable cause to suspect that a person is or has been driving, attempting to drive or in charge of a motor vehicle on a road or public place and has alcohol or drugs in his body or in under the influence of a drug he may require a preliminary test.
What is section 6(4) of the RTA 1988?
Where a constable in uniform has reasonable cause to suspect that a person is or has been driving, attempting to drive or in charge of a motor vehicle on a road or public place and has committed a moving traffic offence he may require a preliminary test
What is section 6(5) of the RTA 1988?
Where an accident occurs owing to the presence of a motor vehicle on a road or public place and a constable reasonably believes that the person was driving, attempting to drive or in charge of a motor vehicle at the time of the accident he may require and administer a preliminary test
Under which section of the RTA 1988 can a constable enter a premises?
S.6E allows a constable to enter a property to:
Make a requirement for a preliminary test
Arrest for a positive preliminary test
Arrest for failing to co-operate with a preliminary test
There is no requirement for the officer to be in uniform
Which 3 questions must be asked before dong a preliminary test?
Have you had an alcoholic drink or used any mouth washes or mouth sprays within the last 20 minutes?
Have you smoked a cigarette within the last 5 minutes?
Is there any reason why you may be unable to provide me with a specimen here and now?
What is section 6d of the RTA 1988?
A constable May arrest without warrant if a person provides a positive preliminary breath test of a person fails to co-operate with any preliminary test and a constable reasonably suspects that the person has alcohol or drugs in his body or is under the influence of a drug
