Driving Offences Flashcards
Describe S4 of the Road Traffic Act 1988
A person who, when driving or attempting to drive or in charge of a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs, is guilty of this offence
What section gives you the power of entry for a S4 Road Traffic offence?
S17 PACE 1984
What type of arrest would occur for a S4 Road Traffic offence?
Code G
Describe S5 of the Road Traffic Act 1988
A person is guilty of an offence if they drive, attempt to drive or are 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
How many milligrams would constitute drink driving?
35 milligrams or above
What level of alcohol would someone need in their system to be able to charge (when tested back at a police station)
Over 40 milligrams
When would a roadside breath test be completed?
When there is evidence of a S5 Road Traffic offence (unsure if they are over the limit) and a traffic officer can complete a swab for S5a driving over the prescribed limit of a specific controlled drug in the body
If a suspect blows between 40-50 at a police station, what must they be advised?
That they have the option to have a blood/urine test
What section gives a police constable the power to complete a road side test with someone?
S6 (2) - when the constable suspects they are driving or are about to attempt to drive with drugs or alcohol in their body (constable has seen the suspect)
S6 (3) - when the constable suspects they have been driving with alcohol/drugs in their body (have not actually seen them but others may have witnessed)
S6 (4) When someone commits a moving traffic offence in a vehicle (eg no seatbelt), the constable has the power to complete a roadside breath test
S6 (5) If any road traffic accident occurs a constable must retrieve a specimen from both the drivers (both within the incident if there are two)
What words must a constable state when detaining someone for a roadside breath test and what are the consequences of not stating these words?
I require you to take a roadside breath test.
The consequence would be that they are allowed to walk away - they are not legally bound to remain there and complete the test
What subsections in S6 Road Traffic Act 1988 require an officer to be in uniform?
Subsections 2-4
Describe S5a Road Traffic Act 1988
This section applies where a person drives or attempts to drive a motor vehicle on a road or other public place OR is in charge of a motor vehicle on a road or other public place and there is in his body a specific controlled drug
What section of the Road Traffic Act 1988 gives a constable the power of arrest with a positive specimen of breath is provided?
S6 Road Traffic Act 1988 (does not require a necessity). If arresting for a S4 (unfit) this does require a necessity as it is a Code G arrest (S24 PACE)
What are the steps for stopping someone for a specimen of breath?
1) Identify yourself and the reason you have pulled them over
2) Say the words ‘i require you to take a roadside breath test’
3) THINK S.A.M.M next. Have you had an Alcholic drink in the last 20 minutes? Have you smoked or used mouthwash in the last 5 minutes? Are you on any medication that would stop you taking a breath test?
4) Explain to the person that they must keep their hands by their side, close their lips around the tube and blow until I tell them to stop. The machine will then tell me the result
5) Finally explain that ‘failure or refusal to provide me with a test MAY render you liable for arrest and/or prosecution
What section gives a constable a power of entry for a S5/S5a offence?
S6e RTA 1988
