Drink / Drug Driving Investigation

Question 1

State the principles of legislation under Section 4 Road Traffic Act 1988, Section 5 Road Traffic Act 1988 and Section 6 Road Traffic Act 1988

Answer 1

• Section 4 Road Traffic Act 1988 - Offences of being ‘unfit’ to drive through drink or drugs
• Section 5 Road Traffic Act 1988 - Offences involving the proportion of alcohol/drugs in the body, as measured in breath, blood or urine
• Section 6 Road Traffic Act 1988 - Power to require preliminary tests

Question 2

Explain what it means to “Drive”

Answer 2

Not defined in the road traffic act 1988. But to drive is to be:

In charge of the propulsion and steering of the vehicle.

The term ‘driver’ includes a person who takes the vehicle out on the road and remains the driver until they finish their journey even though they may have stopped and switched off the engine some minutes before the accident.
This definition was established in the case of Jones v Prothero (1952)

Question 3

Explain what is meant by attempt to drive.

Answer 3

Intention + Actions

An act which is more than merely preparatory to the commission of the offense.

The offender does not need the ability to actually carry out the offence

The same as an offence under criminal attempts

Question 4

Explain what is meant by in charge of a vehicle.

Answer 4

Not clearly defined under the road traffic act. A close connection between the defendant and control of the vehicle is required.

To determine whether a person can be deemed to be ‘in charge’ of a vehicle the following would be relevant:
* Whether the defendant had the keys for the vehicle
* Where the defendant was in relation to the vehicle at the time
* What evidence there is of the defendant’s intention to take control of the vehicle

Question 5

Explain what is considered to be a Mechanically Propelled Vehicle.

Answer 5

The mneumonic used is SEPDOG
Steam
Electric
Petrol
Diesel
Oil
Gas

Does not include electrically propelled pedal cycles

Question 6

State what is meant by a motor vehicle.

Answer 6

A mechanically propelled vehicle intended or adapted for use on roads.

Intended or adapted - would a reasonable person say that the vehicle could be used on a road.

Question 7

State the definition of a road under Sec 192(1) Road Traffic Act

Answer 7

Sec 192(1) Road Traffic Act 1988:

Any highway and any other road to which the public has access, and includes bridges over which the road
passes.

Generally a road stretches to boundary fences or grass verges adjacent to it, including any pavements.

Question 8

State what is meant by a public place.

Answer 8

Any place to which the public have access whether on payment or otherwise.

Question 9

Define Section 4(1) Road Traffic Act 1988

Relates to offences of being Unfit through Drink or Drugs

Answer 9

A person who drives or attempts to drive or is in charge of a mechanically propelled vehicle on a road or other public place, whilst unfit to drive through drink or drugs commits an offence.

Question 10

Explain the points to prove for an offence under Section 4(1) Road Traffic Act 1988

Answer 10

• Sufficient to prove that the person’s ability to drive
  was impaired because of consumption of drink
  (alcohol) or drugs.
• Evidence required is similar to that required to prove drunkenness
• Doctor’s opinion and your observations will be important

Question 11

Define Section 5 Road Traffic Act 1988

Answer 11

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 commits an offence.

Sec 5(1)(a) relates to ‘Driving’ & ‘Attempting to Drive’
Sec 5(1)(b) relates to ‘Being In Charge Of’

Question 12

State the prescribed limit of alcohol in breath, blood and urine.

Answer 12

Breath = 35 microgrammes of alcohol in 100 millilitres of breath

Blood = 80 milligrammes of alcohol in 100 millilitres of blood

Urine = 107 milligrammes of alcohol in 100 millilitres of urine

Question 13

Define Section 5A Road Traffic Act 1988

Being over the prescribed limit: Drugs

Answer 13

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 person’s body a specified 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

Question 14

Outline the defences for an offence under Section 5A Road Traffic Act 1988

Answer 14

It is a defence for a person charged with an offence under this section to show that –

a) The specified controlled drug had been prescribed or supplied to him for medical or dental purposes,

b) He took the drug in accordance with any directions given by the person whom the drug was prescribed or supplied, and with any accompanying instructions given by the manufacturer or distributor of the drug, and

c) His possession of the drug immediately before taking it was not unlawful under Section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession
of controlled drugs) because of an exemption in regulations made under Section 7 of that Act (authorisation of activities otherwise unlawful under
foregoing provisions).

Question 15

What section of the road traffic act 1988 gives police officers the power to require a preliminary test from a person they believe to be under the influence of drink and or drugs?

Answer 15

Section 6 road traffic act 1988

Question 16

Explain the mneumonic SAM

Answer 16

Police Officers can only test a person for
alcohol or drugs if:

Suspect driver may be under the influence of
alcohol/drugs

Accident occurs where the vehiclehas been involved in a Road Traffic Collision (RTC)

Moving traffic offence has been committe

Question 17

Define Section 6(6) Road Traffic Act 1988

Answer 17

A person commits an offence if, without reasonable excuse, they fail to co-operate with a preliminary test in pursuance of a requirement imposed under this
Section

Question 18

Define the Powers of Arrest that are available to officers under Section 6 Road Traffic Act 1988.

Answer 18

Section 6D(1) Road Traffic Act 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 person’s breath or blood exceeds the prescribed limit.

Section 6D(2) Road Traffic Act 1988:

A constable may arrest a person without warrant if,
the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under Sec 6
and
the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

Question 19

Explain the Police Station procedure including blood and urine samples should they be required under Section 7 Road Traffic Act 1988.

Answer 19

Section 7 RTA 1988 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

BLOOD or URINE can only be required where:

• The constable making the requirement has
  reasonable cause to believe that for medical
  reasons a specimen of breath could/should not
  be provided
• An approved device is not available at the
  police station or is not practical to use such a
  device
• An approved device has been used but the
  constable has reasonable cause to believe that
  the readings produced are unreliable
• A preliminary drug test has been administered and
  the constable has reasonable cause to believe that
  the person has a drug in his/her body
• The suspected offence is one under Sec 3A, 4 or 5A
  and a medical practitioner has advised that the
  condition of person required to provide a
  specimen might be due to some drug

Blood must always be taken with consent by a doctor

If a specimen of breath is provided and the reading is in excess of the prescribed limit (35 micrograms) but contains NO MORE THAN 50 micrograms of alcohol in 100 millilitres of breath.

The suspect will be given the option of replacing the breath test reading with a specimen of blood or urine

Question 20

Explain the Hospital Procedure in relation to persons suspected of drink or drug driving.

Answer 20

Section 9 road traffic act 1988 -
* Welfare of the patient takes president
* consent required from doctor in charge of patient
* If doctor consents – continue with procedure
* If doctor does not consent to preliminary breath test, they may still allow a request for blood or urine sample
* It is the decision of the doctor in charge
of the patient to allow samples to be taken. The police surgeon will obtain blood samples if required, NOT the hospital doctor.

Question 21

Explain obtaining blood or urine samples from unconcious patients.

Answer 21

Following an accident, a constable can request
that a blood specimen be taken without the
consent of the casualty who is a patient in
hospital, if the officer believes that the patient
cannot give a valid consent because of his/her
medical condition

Question 22

Describe the important considerations when requesting samples from a patient in hospital

Answer 22

• Consent must be obtained from the medical practitioner in charge of the casualty.
• Sample must be obtained by a Police Surgeon unless impractical to do so
• If sample is obtained by another medical practitioner it MUST NOT be the person in charge of and responsible for the care of the casualty

Question 23

Describe the procedure after having a sample taken from an unconcious patient.

Answer 23

1.Sample stored until patient recovers,

2.Doctor’s consent obtained to speak to patient,

3.Patient asked if they consent to analysis of sample,

4.Warning of consequences if they fail to do so.

Question 24

State if there is a power to arrest a patient in a hospital

Answer 24

There is NO power to arrest a ‘patient’ in hospital ‘Patient’ at a hospital is not defined and could include an ‘outpatient’.

Question 25

Describe the Powers of Entry that are available to officers under Section 6 Road Traffic Act 1988.

Answer 25

1. Section 6E road traffic act 1988 -
   Powers of Entry – following accident involving personal injury to any person:

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 requirement to take one or more of the preliminary tests and who the constable reasonably suspects has alcohol or a drug in their body or is under the influence of a drug.