EBA Flashcards
Section 56(1)
Any age
Drives or attempts
Exceeds 400mcg of alcohol per litre of breath
Four types of testing
Passive breath test
Breath screening test
Evidential breath test
Blood test
Section 56(2)
Any age
Drives or attempts to drive
Exceeds 80mg of alcohol per 100ml of blood
Section 58
Any age
Drives or attempts to drive
Under influence of drink or drugs or both
Incapable of having proper control
Section 57(1)
Under 20
Drives or attempts to drive
Exceeds 150mcg of alcohol per litre of breath
Section 57(2)
Under 20
Drives or attempts to drive
Exceeds 30mg of alcohol per 100ml of blood
Section 57(1)A
Under 20 Drives or attempts to drive Does not exceed 150mcg of alcohol per litre of breath Infringement fee $200 50 demerit points
Section 57(2)A
Under 20 Drives or attempts to drive Does not exceed 30mg of alcohol per 100ml of blood Infringement fee $200 50 demerit points
Five situations when you can conduct a breath test
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 has recently committed an offence against road safety provisions of the LTA that involves driving a motor v
Section 68(1)(c)
A driver of a motor vehicle involved in a motor accident OR
Where the driver is not known you have GCTS passengers in a vehicle involved in a motor accident
What you have to say for a breath screening test
I require you to undergo a breath screening test without delay
Results of BST
“PASS” indicates negative result
“UNDER 250” contains alcohol but does not exceed 249mcg/l
“250+OVER” exceeds 250mcg/l but not 400mcg/l
“OVER 400” exceeds 400mcg/l
You are entitled to regard a driver under 20 if?
Driver licence shows under 20
Licence they produce is over but you believe- it is not their own
Fails to produce licence and cannot satisfy by other means
Require to accompany situations
- They fail or refuse
- No device available after diligent effort to obtain
- Person over 20 result over 400
- Person under 20 result is under 250 or above
What you have to say for require to accompany
I now require you to accompany me to the ……. Police station or other such place for the purpose of an evidential breath test, blood test or both
Once required to accompany they are now detained what must you say?
You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be given in evidence in court
You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you may speak to for free
Contacting a lawyer
If person has a cellphone and wants to ring their lawyer let them give them privacy
High court ruled 5 mins sufficient time to wait
Refusal to accompany
Warn them that they may be arrested for failing to accompany you but that if they are arrested bail will be considered
Search powers
Detained or arrested
Sec 85 SS 2012 use RAN
Evidential breath test what must you say?
I now require you to undergo an evidential breath test without delay
How many times can you try EBT
Three times then go to blood
If driver has positive results on EBT they can elect blood how long do they have to decide
You must give the driver 10 mins to decide. Always allow 12mins
Do not advise driver on what to do
Start the blood test procedure if?
EBT unavailable
Refuses or fails to undergo EBT
Incomplete
Driver elects
EBA offences
Sec 59(1)(a) Fails or refuses to remain at side of the road BST
Sec 59(1)(b) Fails or refuses to accompany
Sec 59(1)(c) Accompanied but then fails or refuges to remain at place of test
Sec 60(1)(a) Fails or refuses blood required to by enforcement officer
Sec 60(1)(b) Fails or refuses blood to a medical practitioner or authorised person
Power to arrest
Sec 120(1)(a) LTA 1998
