DS answers Flashcards

1
Q

List four possible causes of impairment

A
  • Alcohol
  • Drugs
  • Medical
  • Other driver factors
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2
Q

Under Section 11A Land Transport Act 1998 it is illegal to do what?

A

Drive/attempt to drive while impaired and blood contains evidence of the use of a controlled drug
or prescription medicine

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3
Q

List the two parts to the offence of drugged driving (S.57A)

A
  • Impaired (does not complete a CIT in a manner satisfactory to a trained enforcement officer)
  • Drug found in the blood
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4
Q

What is the penalty for a first or second drug driving offence (S. 57A)?

A
  • 3 months, $4,500
  • 6 months or more disqualification
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5
Q

In order to proceed to taking blood for a 57A offence, the driver must have completed all three
assessments of the Compulsory Impairment test, and you have assessed the results and found
them unsatisfactory. True/False

A

True

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6
Q

Under Section 57A, before you conduct a Compulsory Impairment Test, you must have “good
cause to suspect the person has”… (complete the sentence)

A

…consumed a drug or drugs

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7
Q

Which section of the LTA 1998 gives the Police the power to require a person to undergo a CIT?

A

71A

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8
Q

Who may conduct a CIT?

A

A trained enforcement officer

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9
Q

List the three assessments that make up the Compulsory Impairment Test.

A
  • Eye Assessment
  • Walk and turn assessment
  • One leg stand assessment
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10
Q

In order to form “good cause to suspect” you must make detailed observations of what factors?

A
  • Driving observations
  • Driver observations
  • Interview
  • Officer observations – paraphernalia/smell etc
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11
Q

Section 58 makes it an offence if you drive/attempt to drive and your blood contains a class A
drug (except thalidomide). Blood may be taken under section 72 and 73 for this purpose. True/ False

A

False - * (S. 73 only – hospital blood)

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12
Q

When a person exhibits distinct Horizontal Gaze Nystagmus what will you observe?

A

Jerking or bouncing of the eye at maximum deviation

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13
Q

The Walk & Turn Assessment and the One Leg Stand Assessment are both divided attention
assessments. What does divided attention mean?

A

The ability to concentrate on two or more things at the same time

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14
Q

List the 8 indicators of impairment that may be observed during the walk and turn test.

A
  1. Poor balance during instructions
  2. Starts walking before being directed to do so
  3. Stops while walking
  4. Walks off line
  5. Wrong number of steps
  6. Heel to toe missed/doesn’t touch
  7. Uses arms to balance
  8. Turns incorrectly/loses balance on turn
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15
Q

When must the Bill of Rights be given to a suspect?

A

Any time that a requirement is made or arrest. Anytime there is a change in circumstances

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16
Q

If a person completes the CIT in a manner not satisfactory to a trained enforcement officer and
they refuse to have a blood test what offence(s), if any, have they committed?

A

Refuse blood: enforcement officer request for blood or medical officer request for blood or medical

17
Q

How long does an offender have, to request a private analysis of the second blood sample?

A

28 Days

18
Q

When does this period (to request a private analysis of the second blood sample) commence?

A

At time of summons served

19
Q

Section 120(1A) LTA 1998 provides a power of arrest for what?

A

Not completing the CIT in a manner satisfactory to the enforcement officer (no offence)

20
Q

You may proceed with a prosecution if you have found a person to be impaired, but they have
only been using prescription drugs (as found in their blood analysis). True/False

A

True