Drink Drug Driving Flashcards
What is section 4 RTA 1988?
Offences being unfit to drive through drink or drugs.
A person who drives or attempts to drive or is in charge of a MPV on a road or other public place, whilst unfit to drive through drink or drugs shall be guilty of an offence.
Section 4 RTA 1988
What is Section 5 RTA 1988?
Offences involving proportion of alcohol/drugs in the body, as measured in breath, urine or blood.
A person who drives or attempts to drive or is in charge of a Motor Vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit is guilty of an offence.
Section 5 RTA 1988
There is a defence that the individual had no intention to drive the vehicle whilst the proportion of Alcohol in their body exceeded the limit.
What is section 6 RTA 1988?
The power to request/administer a preliminary test. Preserved power, no need for necessity.
Section 6 RTA 1988
Grounds to suspect - uniform
Grounds to believe - non uniform
Constable reasonably suspects that a person is driving with alcohol/drug in the body.
Section 6(2) RTA 1988
Constable reasonably suspects person has been driving with alcohol/drug in the body.
Section 6(3) RTA 1988
Constable reasonably suspects that person has been driving and committed a moving traffic offence.
Section 6(4) RTA 1988
Driving at the time of an accident occurred
Section 6(5) RTA 1988
What does it mean to drive a vehicle in this act?
In charge of the propulsion and steering of the vehicle.
What is a Mechanically Propelled Vehicle?
And
What is a Motor Vehicle?
A vehicle that is constructed and can be propelled mechanically:
Steam Electric Petrol Diesel Oil Gas
A motor vehicle is a vehicle made or adapted to be used on roads
What are the Alcohol limits in the body?
Breath - 35 micrograms
Urine - 80 milligrams
Blood - 107 milligrams
What is section 5A RTA 1988?
Where 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 amount of controlled 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.
Section 5A RTA 1988
It is a defence if that drug was prescribed to him for medical or dental purposes
What are the prescribed drug limits?
Cocaine - 10 micrograms per litre
Cannabis - 2 micrograms per litre
When can police officers test a person for alcohol or drugs?
Suspicion under influence of drink/drugs
Accident occurs - RTC
Moving traffic offence
What is section 6(6) RTA 1988?
A person commits an offence if without reasonable excuse they fail to cooperate with a preliminary test in pursuance of a requirement imposed under this section.
Section 6(6) RTA 1988
What is Section 6D(1) RTA 1988?
A Constable may arrest a person without warrant if as a result of a preliminary breath test, the Constable reasonably suspects that the proportion of alcohol in the persons breath or blood exceeds the prescribed limit.
Section 6D(1) RTA 1988
A Constable may arrest a person without a warrant if the persons fails to cooperate with a preliminary breath test in pursuance of a requirement imposed under section 6 and the Constable reasonably suspects that the person has alcohol or drugs in his body or is under the influence of a drug.
Section 6D(2) RTA 1988
What is Section 7 RTA 1988?
Driver can be required to provide 2 specimens of breath or blood and urine sample at a police station.
Section 7 RTA 1988
Powers of entry under the RTA 1988?
Section 17 PACE 1984 can be used to enter any premises and arrest under section 4 RTA 1988
Under Section 6E - Must be a Person Injured Road Traffic Collision
Know - There’s been an RTC
Believe - The person was driving, attempting to drive or in charge at the time of accident
Suspect - injury to any person
Suspect - they are near/at premises
