Drink/drug Driving Investigation Flashcards
Section 4(1) RTA
A person who drives or attempts to drive or is in charge of a MPV on a road or other public place whilst unfit through drink or drugs commits an offence
Section 5 RTA
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 blood or breath or urine exceeds the prescribed limit commits an offence
Section 6 RTA
A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requierment imposed under this section
Section 6(2) RTA
Driving with alcohol/drugs in body
Section 6(3) RTA
Has been driving with alcohol/ drug in body
Section 6(4) RTA
If he has been driving and committed a moving traffic offence
Section 6(5) RTA
Driving at the time an accident occurred
Attempt to drive
An attempt is an intention to do something
Coupled with actions directed towards accomplishing the event which is more than merely preparatory to the commision of the offence
In charge
A close connection between the defendant and control of the vehicle is required
What is a motor vehicle
A mpv intended or adapted for use on roads
Section 4RTA
Offences of being unfit to drive through drink or drugs
Points to prove
Sufficent to prove that the persons ability to drive was impaired because of consumption of drink (alcohol) or drugs
Evidence required is similar to that required to prove drunkeness
Doctors opinions and your observations will be important
Section 5(1)(a) RTA
Relates to driving & attempting to drive
Section 5(1)(b) RTA
Relates to being in charge of
Prescribed limit:alcohol
Breath- 35 microgrammes of alcohol in 100 millitres of breath
Blood- 80 milligrammes of alchol in 100 millitres of blood
Urine- 107 milligrammes of alcohol in 100 millitres of urine
Section 5 RTA defence
A defence for a person charged with an offence to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no liklehood of him driving the vehicle whilst the proportion of alcohol in his breath, blood, urine remained likely to exceed the prescribed limit
Section 5A RTA
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 specfied 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
Prescribed limit: drug
Cocaine- blood limit 10 microgram per litre
Cannabis- 2 micrograms per litre
What is sam
Police officers can only test a person for alcohol or drugs if
Suspect driver may be under the influenfe of alcohol/drugs
Accident occurs where the vehicle has been involved in a toad traffic collision
Moving traffic offence has been committed
Preliminary tests
Roadside breath test
Approved by secretary of state
Indicates if proportion of alcohol in breath exceeds the prescribed limit
Where can preliminary test take palce
Tests in respect of sub sections 6(2)-6(4) can be adminstered at the roadside
Tests in respect of sub-section 6(5) can be administered at a police station if officer feels necessary
What should you consider?
When did they last consume alcohol?
Have they used any breath freshening sprays recently?
Have they smoked recently?
How long should you wait the driver drinks alcohol whilst still driving
20 minutes
Preliminary impairment tests
Unfit to drive through drink or drugs
Series of physical and psycho-motor tests administered by specially trained officers
Test may be carried out at the scene or at a police station
Section 6(6) RTA
A person commits an offence if without reasonable excuse they fail to co-operate with a preliminary test
What is reasonable excuse
Physical or mental inability to undertake the test
Unable to understand the requirment to take the test
Section 6(d)(1)RTA
A constable may arrest without warrant if as a result of a preliminary breath test, the constable reasonbly suspects that the proportion of alcohol in the persons breath or blood exceeds the prescribed limit
Section 6(d)(2)RTa
A constable may arrest without warrant if the person fails to co-operate with a preliminary test in pursuance of a requirment imposed under section 6 and the constable reasonbly suspect that the person has alcohol or drug in his body or is under the influence of a drug
Section 9 RTA
While a person is at a hospital as a patient he shall not be required to co operate with a prelimianry test or to provide a specimen unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirment and A) if the requirment is then made is shall be for co-operation with a test administered or for the provision of a specimen at the hospital but
B) if the medical practitioner objects on the ground specified in subsection (2) the requirment shall not be made
Section 7 RTA
Provides that in the course of an investigation into an offence under sections 3A,4 or 5 at a police station a driver can be required to provide:
2 specimens of breath for analysis by means of an approved breath test machine or
A specimen of blood or urine for a laboratory test
Police detention
A person required under section 7/7A to provide a specimen of blood, breath or urine may afterwards be detained at a police station if a constable has reasonable grounds for believing that:
Were that person to then drive, or attempt to drive a mechincally propelled vehicle on a road, he would commit an offence under section 4,5 or 5A of this act
Section 6E RTA
A constable may enter any premises, using reasonable force if necessary in order to
Require a person reasonably believed to have been driving, attempting to drive or in charge of a motor vehicle at the time of the accident, to provide a preliminary test or
Arrest a person who has provided a positive breath test/drug test or
Arrest a person who has failed to co-operate with a requirment to take one or more of the preliminary tests and who the constable reasonbly suspects has alcohol or a drug in their body or is under the influence of a drug
