Driving under the influence Flashcards
Section 4 Road Traffic Act 1988
1) “A person who, when driving, 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 an offence”.
What are the points to prove for driving under the influence?
The following elements must be present for the offence of driving, or being in charge, when under influence of drink or drugs to have been committed:
Vehicle (mechanically propelled vehicle).
Road / other public place.
Drive / attempt to drive / in charge.
Driver unfit to drive.
Through drink / drugs.
What is a mechanically propelled vehicle?
A mechanically propelled vehicle is a vehicle that has been constructed so that it can be propelled mechanically – this includes steam and electrically powered vehicles, but not electronically assisted pedal cycles.
What is ‘attempting to drive’?
‘Attempting to drive’ means anything from trying to start the car to getting the car actually moving.
What is defined as a road or public place?
A road is defined as ‘any highway and any other road to which the public has access’. This includes any bridges over which the road passes, and the pavement.
A public place is defined as ‘a place that, at the material time, is open to all sections of the public’. For instance, the car park of a supermarket.
What is ‘driving’?
‘Driving’ means using the driver’s controls for the purpose of directing the movement of the vehicle, however the movement is induced.
This definition envisages the driver sitting in the driver’s seat, operating the steering and brakes in the normal way. However, it still applies if the vehicle is being pushed or towed or rolled down a hill.
What is ‘in charge’ of?
If a person has the car keys with them, this is evidence to assist you proving they are in charge of the vehicle.
There must always be someone in charge of a vehicle unless it has been abandoned. There must also be a likelihood of this person actually driving the vehicle whilst they are over the limit. It is a matter for the court to decide if a person was in fact ‘in charge’ at the time of the offence.
A typical scenario is when a person gets drunk late at night and sleeps in their car before driving the next morning. If they have the keys with them then they are ‘in charge’ and if they are over the limit or unfit then the offence is complete.
Section 5 Road Traffic Act 1988
(1) If a person —
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) 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 his breath, blood or urine exceeds the prescribed limit, he is guilty of an offence.
Section 5 Road Traffic Act 1988 PTP
The vehicle was a motor vehicle.
It was on a road or other public place.
The accused was driving, attempting to drive or in charge of a motor vehicle.
They had consumed so much alcohol that the proportion in their breath, blood or urine exceeded the prescribed limit.
Section 5A Road Traffic Act 1988
1) This section applies where a person (“D”) —
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place, and there is in D’s body a specified controlled drug.
(2) D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the specified limit for that drug.
Section 5A Road Traffic Act 1988 PTP
These are the points to prove for the offence of driving, or being in charge of, a motor vehicle with a concentration of a specified controlled drug above the specified limit. Note that this is a Section 5a offence.
Drives or attempts to drive a motor vehicle on a road or other public place.
Is in charge of a motor vehicle on a road or other public place.
There is in the accused person’s body a specified controlled drug.
The proportion of drug in the blood or urine exceeds the specified limit for that drug. Although the law states that either blood or urine can be required when testing for drugs, currently the specimen must be blood as no specified limit has been set for urine at this time.
What possible defence(s) could a person have for S5/S5A RTA 1988?
It is a defence to prove that at the time they are alleged to have been in charge of the vehicle, that:
There was no likelihood they would drive the vehicle, whilst the proportion of drugs in their blood / urine (remember we only use blood for drugs) remained likely to exceed the prescribed limit.
The specified controlled drug had been prescribed or supplied for medical or dental purposes.
They took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions from the drug manufacturer or distributor.
What are the 3 preliminary tests police officers have the power to use roadside?
Breath test (Alcolmeter).
Drug test (mouth swab – specially trained officer).
Field Impairment Test (FIT – a series of balance type exercises with the eyes closed, performed only by specially trained officers).
Section 6D of the Road Traffic Act 1988
Section 6D gives a power of arrest for a positive preliminary test or when they fail to provide a sample and the constable reasonably suspects they have alcohol or drugs in their body.
Note this arrest power is provided by the Road Traffic Act, not PACE.
The Road Traffic Act 1988
The Road Traffic Act 1988 outlines your power to arrest as follows.
6D(1) A constable may arrest a person without warrant if as a result of a preliminary breath test – or preliminary drug test the constable reasonably suspects that:
The proportion of alcohol in the person’s breath or blood exceeds the prescribed limit, or the person has a specified controlled drug in his body and the proportion of it in the person’s blood or urine exceeds the specified limit for that drug.
6D(2) 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 Section 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.