EBA Flashcards
How many situations are there that you can require a person to undergo a breath screening test?
Five
What section of the Land Transport Act deals with the different situations that require a person to undergo a breath screening test?
Section 68
Section 68(1)(a)
Any driver
Of a motor vehicle
On any road
OR
Any person attempting
To drive a motor vehicle
On any road
Section 68(1)(b)
Any person
You have GCTS
committed an offence
Against road safety provisions of the LTA
That involves the driving of a motor vehicle
Section 68(1)(c)
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
What sections deals with drink driving offences of ANY AGE?
Sections 56(1) & 56(2) & 58
Section 56(1) - Breath
ANY AGE
Drives or attempts to drive
Exceeds 400mcg of alcohol per litre of BREATH
Section 56(2) - Blood
ANY AGE
Drives or attempts to drive
Exceeds 80mg of alcohol per 100ml of BLOOD
Section 58 - Drink or Drugs
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
What sections deal with drink driving offences of UNDER 20yrs?
Sections 57(1) & 57(2) Sections 57(1)A & 57(2)A
Section 57(1) - Breath
UNDER 20
Drives or attempts to drive
Exceeds 150mcg of alcohol per litre of BREATH
Section 57(2) - Blood
UNDER 20
Drives or attempts to drive
Exceeds 30 mg of alcohol per 100ml of BLOOD
Section 57(1)A - Breath
UNDER 20
Drives or attempts to drive
Does Not exceeds 150mcg of alcohol per litre of BREATH
Infringement Fee $200
50 Demerit Points
Section 57(2)A - Blood
UNDER 20
Drives or attempts to drive
Does Not exceeds 30 mg of alcohol per 100ml of BLOOD
Infringement Fee $200
50 Demerit Points
If a person under 20 records over 400mcg per litre of breath what section do you charge them under?
Section 56(1)
If a person under 20 records over 80mcg per 100ml of blood what section do you charge them under?
Section 56(2)
What are the 4 types of testing used in NZ?
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
Verify age of driver.
You are entitled to regard a driver as under 20 if?
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
What situations require drivers to accompany you for an EBT?
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
What are the four different results from the BST?
PASS
UNDER 250
250 + OVER
OVER 400
What is the BST requirement?
“I require you to undergo a breath screening test without delay”
What must you say when requiring a person to accompany you?
“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
After receiving their Caution / Rights and they want to talk to a lawyer you must do what?
Let them do so
In Private
If they refuse to accompany you for the EBT, you can?
Warn them that they may be arrested for failing to accompany you but that, if they are arrested bail will be considered.
What must you do on arrival at the police station?
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
What is the EBT requirement?
“I now require you to undergo an Evidential Breath test without delay”
How many attempts at the EBT can they have?
You may attempt the test up to 3 times
If a driver has a positive result what can he request?
Blood to be taken
How long do they get to elect blood?
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
What are the EBA arrestable offences?
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
What is the power of arrest?
Section 120(1)(a) of the Land Transport Act 1998
Mandatory Suspension of licence under what section?
Section 95
Mandatory suspension of driver licence when?
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
Mandatory Impoundment of vehicle under what section?
Section 96
Mandatory Impoundment of vehicle when?
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.
What are the relevant offences for Section 95 & 96?
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
