Driving under the influence Flashcards

1
Q

Section 4 Road Traffic Act 1988

A

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”.

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2
Q

What are the points to prove for driving under the influence?

A

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.

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3
Q

What is a mechanically propelled vehicle?

A

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.

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4
Q

What is ‘attempting to drive’?

A

‘Attempting to drive’ means anything from trying to start the car to getting the car actually moving.

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5
Q

What is defined as a road or public place?

A

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.

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6
Q

What is ‘driving’?

A

‘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.

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7
Q

What is ‘in charge’ of?

A

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.

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8
Q

Section 5 Road Traffic Act 1988

A

(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.

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9
Q

Section 5 Road Traffic Act 1988 PTP

A

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.

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10
Q

Section 5A Road Traffic Act 1988

A

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.

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11
Q

Section 5A Road Traffic Act 1988 PTP

A

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.

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12
Q

What possible defence(s) could a person have for S5/S5A RTA 1988?

A

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.

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13
Q

What are the 3 preliminary tests police officers have the power to use roadside?

A

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).

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14
Q

Section 6D of the Road Traffic Act 1988

A

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.

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15
Q

The Road Traffic Act 1988

A

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.

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16
Q

What is the wording recommended when making an arrest for failing to provide / refusal to take a roadside test?
You must use this wording or very close to it.

A

“I am arresting you for failing to take a breath test when you were required to do so and because I suspect you have alcohol in your body.”

17
Q

What is the wording recommended for a positive arrest under Section 5 RTA 1988?
You must use this wording or very close to it.

A

“I am arresting you because the breath test is positive and because I suspect you of driving (or attempting to drive or in being in charge of) having had too much to drink.”

If it is a Section 5A offence (over the prescribed limit for drugs) then use this wording:

“I am arresting you because the preliminary test is positive and because I suspect you of driving (or attempting to drive or in being in charge of) whilst having taken drugs over the prescribed limit.”

18
Q

The power to enter and search any premises for purpose of arresting a person for an offence under Section 4 Road Traffic Act 1988 is covered under Section 17 of PACE 1984 and Section 6E of the Road Traffic Act 1988.

Section 6E of the Road Traffic Act 1988 gives you the following powers:

A

You may enter any place (if need be by force) if you believe the person was driving, attempting to drive or in charge of the vehicle concerned, and you suspect the accident involved injury to any person, and you suspect the driver is in the place to be entered.

You can enter in order to require the driver to take a breath test or arrest the driver for a positive breath test or arrest the driver for refusing / failing to take a breath test if you suspect there is alcohol in their body.

Section 17 PACE provides a power to enter premises in order to arrest a person under Section 163 Road Traffic Act 1988 (failure to stop when required to do so by a constable in uniform).

Section 17 PACE also provides the power to enter premises in order to arrest a person under Section 4 Road Traffic Act 1988.
Note this power is not to require a breath test but to arrest for the offence of Section 4 (Unfit).

19
Q

PolCol

A

Police road traffic collision

20
Q

It’s Metropolitan Police Policy that if called to attend an RTC…

A

all drivers are given a screening breath test whether alcohol is suspected or not.

21
Q

When can a suspect gone to hospital be arrested?

A

Once at a hospital as a patient, the subject must never be arrested. They may be arrested once released according to the circumstances.

22
Q

What are your fast track actions when a suspected drink / drug driver is at the hospital as a patient?

A

Inform / update MetCC with the relevant details.

Request a sergeant to attend to conduct the ‘hospital procedure’.

If a sergeant is not available, a suitably trained RTPC (Traffic) constable may attend and conduct the procedure. They are also Evidential Breath Machine (EBM) trained and may conduct the procedure at the police station.

Obtain full details of the doctor / healthcare professional in immediate charge of the case and inform them of the need to administer a breath test / take blood. You need to seek their authority to administer the test.

Explain the procedure to the doctor / healthcare professional and give them an opportunity to object. Objections would be based on the issue that the requirement or the provision of the specimen, or the warning required, would be prejudicial to the proper care and treatment of the patient.

23
Q

ESD

A

Evidential screening device (breathalyzer)

24
Q

What are the two important questions you need to ask the driver before you proceed with the breathalyser?

A

“Have you had an alcoholic drink within the last 20 minutes?”

If so, you need to wait a further 20 minutes to allow the alcohol in the mouth to disperse before obtaining a sample of breath.

“Have you smoked within the last five minutes?”

If so, you need to wait a further five minutes to allow the smoke in their lungs to dissipate as the machine requires a sample of air from deep within the lungs. The readings provided by the machine will not be affected by non-alcoholic drinks or other likely breath contaminants.

25
Q

What are the 4 potential readings on a breathalyser. Explain your course of action where appropriate.

A

Zero

Pass

Warn - A ‘warn’ reading means that the driver has alcohol in their system, and although not over the legal limit, some alcohol may still be in the process of being absorbed by their body. This could mean that they may test positive if tested later on. You should advise them not to drive further and stress the potential dangers of drink driving.

Fail - A ‘fail’ means that the level of alcohol in their breath is over the legal limit and they should be arrested accordingly.

You should show the driver the reading and deal with them as appropriate. The mouthpiece that the driver has used should now be disposed of appropriately – you should never reuse a mouthpiece.

Remember, if the suspect has failed to provide a sample or there is reason to believe that it would be required for evidential purposes, then the mouthpiece must be retained by police.

26
Q

What is the penalty for… Driving or attempting to drive with an alcohol level above the limit

A

12-month minimum disqualification (or 3–11 penalty points in special circumstances), up to six months’ imprisonment and an unlimited fine. It remains on their licence for 11 years from the date of conviction.

27
Q

What is the penalty for… Driving or attempting to drive while unfit through drink

A

12-month minimum disqualification (or 3–11 penalty points in special circumstances), up to six months’ imprisonment and an unlimited fine. It remains on their licence for 11 years from the date of conviction.

28
Q

What is the penalty for… Driving or attempting to drive then failing to supply a specimen for analysis

A

12-month minimum disqualification (or 3–11 penalty points in special circumstances), up to six months’ imprisonment and an unlimited fine. It remains on their licence for 11 years from the date of conviction.

29
Q

What is the penalty for… In charge of a vehicle while their alcohol level above the limit

A

Disqualification is decided by the court – if none, then 10 penalty points given. Up to three months’ imprisonment and a £2,500 fine. It remains on their licence for four years from the date of conviction or offence.

30
Q

What is the offence for… In charge while unfit through drink

A

Disqualification is decided by the court – if none, then 10 penalty points given. Up to three months’ imprisonment and a £2,500 fine. It remains on their licence for four years from the date of conviction or offence.

31
Q

What is the penalty for… Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive

A

Disqualification is decided by the court – if none, then 10 penalty points given. Up to six weeks’ imprisonment and a £2,500 fine. It remains on their licence for four years from the date of conviction or offence.

32
Q

What is the penalty for… Driving or attempting to drive when refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity

A

12-month minimum disqualification (or 3–11 penalty points in special circumstances), up to six months’ imprisonment and an unlimited fine. It remains on their licence for 11 years from the date of conviction.

33
Q

What is the penalty for… Refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity in circumstances other than driving or attempting to drive

A

12-month minimum disqualification (or 3–11 penalty points in special circumstances), up to six months’ imprisonment and an unlimited fine. It remains on their licence for 11 years from the date of conviction.

34
Q

What is the penalty for… Failing to provide a specimen for a breath test

A

Disqualification is decided by the court in addition to four penalty points and a fine of up to £1,000. It remains on their licence for four years from the date of conviction or offence.

35
Q

What is the penalty for… Causing death by careless driving when unfit through drink / with alcohol level above the limit

A

A two-year minimum disqualification (or 3–11 penalty points in special circumstances), in addition to an unlimited fine and up to 14 years’ imprisonment. It remains on their licence for 11 years from the date of conviction.

36
Q

What is the penalty for… Causing a death by careless driving and then failing to supply a specimen for analysis

A

A two-year minimum disqualification (or 3–11 penalty points in special circumstances), in addition to an unlimited fine and up to 14 years’ imprisonment. It remains on their licence for 11 years from the date of conviction.

37
Q

Section 3A Road Traffic Act 1988

A

Causing death by careless driving when under influence of drink or drugs.

38
Q

What is the legal limit of alcohol in blood, breath and urine (UK)?

A

Breath - 35 micrograms in 100ml of breath.
Blood - 80mg in 100ml of blood.
Urine - 107mg in 100ml of urine.

39
Q

s6D RTA

A

The power of arrest that applies to any preliminary test in this situation is Section 6D of the Road Traffic Act 1988, not S24 PACE. 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.