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Sum 2 - Study Notes > EBA > Flashcards

EBA Flashcards

1
Q

How many situations are there that you can require a person to undergo a breath screening test?

A

Five

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2
Q

What section of the Land Transport Act deals with the different situations that require a person to undergo a breath screening test?

A

Section 68

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3
Q

Section 68(1)(a)

A

Any driver
Of a motor vehicle
On any road

OR

Any person attempting
To drive a motor vehicle
On any road

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4
Q

Section 68(1)(b)

A

Any person
You have GCTS
committed an offence
Against road safety provisions of the LTA
That involves the driving of a motor vehicle

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5
Q

Section 68(1)(c)

A

A driver
Of a motor vehicle
Involved in a motor accident

Where the driver is not known
You have GCTS
Passengers in a vehicle
Involved in a motor accident

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6
Q

What sections deals with drink driving offences of ANY AGE?

A

Sections 56(1) & 56(2) & 58

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7
Q

Section 56(1) - Breath

A

ANY AGE
Drives or attempts to drive
Exceeds 400mcg of alcohol per litre of BREATH

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8
Q

Section 56(2) - Blood

A

ANY AGE
Drives or attempts to drive
Exceeds 80mg of alcohol per 100ml of BLOOD

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9
Q

Section 58 - Drink or Drugs

A

ANY AGE
Drives or attempts to drive
Under influence of drink OR drugs OR both
To such an extent is incapable of having PROPER CONTROL of the vehicle

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10
Q

What sections deal with drink driving offences of UNDER 20yrs?

A 
Sections 57(1) & 57(2)
Sections 57(1)A & 57(2)A
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11
Q

Section 57(1) - Breath

A

UNDER 20
Drives or attempts to drive
Exceeds 150mcg of alcohol per litre of BREATH

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12
Q

Section 57(2) - Blood

A

UNDER 20
Drives or attempts to drive
Exceeds 30 mg of alcohol per 100ml of BLOOD

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13
Q

Section 57(1)A - Breath

A

UNDER 20
Drives or attempts to drive
Does Not exceeds 150mcg of alcohol per litre of BREATH

Infringement Fee $200
50 Demerit Points

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14
Q

Section 57(2)A - Blood

A

UNDER 20
Drives or attempts to drive
Does Not exceeds 30 mg of alcohol per 100ml of BLOOD

Infringement Fee $200
50 Demerit Points

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15
Q

If a person under 20 records over 400mcg per litre of breath what section do you charge them under?

A

Section 56(1)

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16
Q

If a person under 20 records over 80mcg per 100ml of blood what section do you charge them under?

A

Section 56(2)

17
Q

What are the 4 types of testing used in NZ?

A

Passive Breath Test = speaking name and address into end of Sniffer
Breath Screening Test = blowing into tube on Sniffer
Evidential Breath Test = blowing into machine at station or on booze bus
Blood Tests

18
Q

Verify age of driver.

You are entitled to regard a driver as under 20 if?

A

If their drivers licence show them to be under 20

They produce a licence showing they are over 20 but you believe:

  • The licence is not the driver own licence
  • The licence is invalid
  • The person is under 20

The person fails to provide a licence and cannot prove by any other means they are over 20

19
Q

What situations require drivers to accompany you for an EBT?

A

The driver or person being tested fails or refuses to blow into the breath screening device

No breath screening device is available (after making a diligent effort to obtain on)

If the person is 20 or over and the test reading is OVER 400

If the person is under 20 and the test reading is:

  • UNDER 250
  • 250 + OVER
  • OVER 400
20
Q

What are the four different results from the BST?

A

PASS
UNDER 250
250 + OVER
OVER 400

21
Q

What is the BST requirement?

A

“I require you to undergo a breath screening test without delay”

22
Q

What must you say when requiring a person to accompany you?

A

“I now require you to accompany me to the Porirua Police Station (or other such place) for the purpose of an evidential breath test, blood test, or both”

And Caution / Rights

23
Q

After receiving their Caution / Rights and they want to talk to a lawyer you must do what?

A

Let them do so

In Private

24
Q

If they refuse to accompany you for the EBT, you can?

A

Warn them that they may be arrested for failing to accompany you but that, if they are arrested bail will be considered.

25
Q

What must you do on arrival at the police station?

A

At arrival at the station before you can start the evidential breath test you must complete a [Rights / Caution form [Breath and Blood Alcohol Procedure Sheet].

Explain it to them and get them to sign it.

If the person wants to speak to lawyer, we should assist them and allow them to consult in private

26
Q

What is the EBT requirement?

A

“I now require you to undergo an Evidential Breath test without delay”

27
Q

How many attempts at the EBT can they have?

A

You may attempt the test up to 3 times

28
Q

If a driver has a positive result what can he request?

A

Blood to be taken

29
Q

How long do they get to elect blood?

A

Once the process has been explained they have 10 minutes to elect blood. (Give them 12 minutes)

Do not advise the driver on what to do

30
Q

What are the EBA arrestable offences?

A

Section 59(1)(a) = Fails or refuses to remain at the side of the road

Section 59(1)(b) = Fails or refuses to accompany you without delay for EBT

Section 59(1)(c) = Having accompanied fails or refuses to remain at place of test

Section 60(1)(a) = Fails or refuses to give blood having been required to do so by police

Section 60(1)(b) = Fails or refuses to give blood to a medical practitioner or authorised person

31
Q

What is the power of arrest?

A

Section 120(1)(a) of the Land Transport Act 1998

32
Q

Mandatory Suspension of licence under what section?

A

Section 95

33
Q

Mandatory suspension of driver licence when?

A

Been found to have breath alcohol over 650mcg of alcohol per litre of breath

Been found to have blood alcohol over 130mcg of alcohol per 100ml of blood

Failed or refused to give blood under section 72 or 73, at the request of an enforcement officer or authorised medical person, or at hospital

34
Q

Mandatory Impoundment of vehicle under what section?

A

Section 96

35
Q

Mandatory Impoundment of vehicle when?

A

Been found to have breath alcohol over 400mcg of alcohol per litre of breath and has two previous convictions for relevant offences in the last four years.

Been found to have blood alcohol over 80mcg of alcohol per 100ml of blood and has two previous convictions for relevant offences in the last four years.

Failed or refused to give blood under section 72 or 73, at the request of an enforcement officer or authorised medical person, or at hospital and has two previous convictions for relevant offences in the last four years.

36
Q

What are the relevant offences for Section 95 & 96?

A

Section 56(1) Excess breath alcohol >400

Section 56(2) Excess blood alcohol >80

Section 57 – only relevant for Section 96

Section 58(1) Incapable of proper control – Under the influence or drink or drugs

Section 60(1) Failed or refused to give blood

Section 61(1) Caused death or injury with EBA

Section 61(2) Caused death or injury while incapable

Sum 2 - Study Notes (18 decks)

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