EBA Flashcards
What are the 5 situations where a constable can request a breath-screening test?
68(1)(a) - Any driver of a motor vehicle, on any road (random stop)
- Any person attempting to drive a motor vehicle on any road
68(1)(b) - Any person you have good cause to suspect has recently committed an offence against road safety provisions of the Land Transport Act that involves driving a motor vehicle
68(1)(c) - A driver of a motor vehicle involved in a motor accident
- Where the driver is not known and you have good cause to suspect passengers in a vehicle were involved in a motor accident.
What are the age requirements for EBA charges?
Under 20 year olds - Zero tolerance, under 150mcgs or 30 mgs = $200 fine and 50 demerits. Over 150mcgs or 30mgs = 3 months/$2250 fine, and DQ for 3 months.
Over 20 year olds - Under 250mcgs or 50mgs = Pass. 250mcg to 400mcg or 50mg to 80mg = $200 fine and 50 demerits. Over 400mcgs or 80mgs = 3 months/$4500 or both, DQ for 6 months.
Refusal or fail to give evidential breath test and exceeds 50mgs but not 80mgs = $700 and 50 demerits.
(CHARGES WILL BE WORSE IF THIRD OFFENCE, 2 years, $6000 and DQ 1 year).
When has a driver failed a BST?
Passive test - ALCOHOL
Breath screening test - U20 all except pass, 20+ Over 250mcgs
Evidential breath test - U20 any at all, 20+ accurate result over 250mcgs
State the four requirements you can make during the EBA procedure
- Obligatory passive breath test
(if alcohol present) - “I now require you to undergo a breath screening test without delay.”
(If over 250) - “I now require you to accompany me to the ____________ Police station, or any such place, for the purpose of an evidential breath test, blood test or both”
(For this process they are now detained, give rights with EBA extension) - “I now require you to undergo an evidential breath test without delay”
What is the form that must start to be completed at the evidential breath test part of the EBA procedure?
POL515
Identify the offences where a person can be arrested during the EBA process, and what is the procedure?
Failure or refusal to remain: failure or refusal to remain at the place where the test was undertaken until result is known.
Failure or refusal to accompany: failure or refuse to accompany you without delay for an EBT, blood test or both.
Failure or refusal to give blood when required by an enforcement officer: having being required by an enforcement officer and the driver refuses or fails to do so.
Fails or refuses blood when requested by a medical practitioner: having being requested by a register medical practitioner or authorised person to take a specimen without delay, the driver fails or refuses to do so.
All powers under section 120 of the Land Transport Act 1998
Procedure - warn them that they may be arrested for resisting/failing, if they are arrested, bail will be considered. If continued refusal, arrest and return to station and attempt to carry on with the EBA procedure.
State your responsibilities during the 10 minute period in relation to the right to request blood
Once you have explained the advice of positive evidential breath test from the POL515 and the driver has spoken to a lawyer (or elected not to) you must give the driver 10 minutes to decide whether they have a blood sample taken. Allow 12 minutes to ensure the 10 is not cut short. Do nor advise the driver on what to do, it is preferred you do not talk to them at all, however on the odd occasion you may have to answer queries. If they want the procedure explained again, explain then restart the clock.
Demonstrate an ability to recognised when a summons is used, what circumstances should a drink diver be arrested?
A summons under section 29 of the criminal procedures act 2011 is normally used when a person accepts the breath test reading and is not arrested (This only apply to breath alcohol charges).
It allows you to summons the driver to a date no more then 2 months from the time that the summons was issued.
Drink drivers should only be arrested if
- If is necessary to carry out the EBA procedure
- If there is reasonable grounds to believe that the person will be of risk to public safety by again driving whilst impaired
- if there is doubt of their identity
- If there is doubt they will be able to be located for serving a summons
- to ensure they will appear in court
What is the procedure for dealing with a driver under the influence of drink or drugs when the EBA procedure is in appropriate?
The final offence that relates to driving when intoxicated.
This is used in cases alcohol cannot be detected or a driver being so intoxicated they cannot complete the EBA procedure.
In this case section 120 of the Land Transport Act 1998 is applied, and arrest under this act.
Ingredients -
- drives or attempts to drive a motor vehicle
- under the influence of
- drink, drug or both
- to such an extent as to be incapable of having proper control of he vehicle
Call upon a doctor to make a medical examination, if refused, ask the doctor to note down observations on a medical practitioners clinical report.
The enforcement officer can request blood after the driver ha seen examined by a doctor who believes they are under the influence OR should he/she refuse examination.
State the extended caution rights for drivers detained for EBA
“These rights will continue throughout the breath or blood alcohol testing procedures”
“If you wish to speak to a lawyer a telephone will be made available to you for that purpose as soon as practicable. You will be allowed a reasonable time to consult and instruct a lawyer from the time a telephone is made available to you.”
When are you able to assume that a person is under 20 years of age?
When they are unable to produce age verification and/or they are unable to prove that they are over the age.
The driver refuses to sign the POL515 form saying that he understands, what should you do?
Scribe ‘refused to sign’
In the event that a drivers evidential breath test returns with a result over 650mcgs, an officer must…
Provide notice of mandatory 28 day suspension.
In the event a driver takes a blood test, what charges or summons will be issued before realising him?
Nothing at this time unless he faces other charges.
We must wait for the blood test results, but before he is released he needs to be made aware that he is forbidden to drive.
When the blood test result is forwarded to you by ESR, a copy of the certificate should be sent to the driver at the time of summons if exceeding the limit.
