EBA Flashcards
There are 5 situations when you can require a person to undergo a breath breath screening test without delay. What are they?
- Any driver of a motor vehicle on any road
- Any person attempting to drive a motor vehicle on any road
- Any person you have GCTS has recently committed an offence against LTA that involves the driving of a motor vehicle.
- A driver of a motor vehicle involved in a motor accident
- Where the driver is not known but you have passengers and GCTS.
SECTION 68 gives you the power to do what?
Do a BREATH TEST
What must you say to the driver when conducting a Breath Screening Test (BST)?
“I require you to undergo a breath screening test without delay”
What options as a result does the BST show?
- Pass
- Under 250mcg
- 250mcg + over
- Over 400mcg
What must you do early in the BST Procedure?
Establish the persons age.
When do you require a person over 20 to accompany you to the station?
- The test reads OVER 400
* The test reads 250mcg + over
When do you require a person under 20 to accompany you to the station?
When the test reads
- Under 250mcg
- 250+ over
- Over 400
What must you say to a driver whom you need to accompany you to the station?
“I now require you to accompany me to the “name” police station for the purpose of an evidential breath test, blood test or both.”
What else must you say to a driver whom you need to accompany you to the station? Other than “I now require you…” etc
You must inform them of their rights/caution.
What do you do if a person says they don’t want to accompany you to the station?
Warn them they can be arrested.
Then if they still refuse arrest them for “failing to accompany”
What is an EBT?
Evidential Breath Test
Before you commence the EBT, what must you say to the driver?
“I now require you to undergo an evidential breath test without delay”
What must you do FIRST if the driver refuses an EBT?
Request a blood test.
If a positive result is returned for the EBT, what must you offer the driver?
They have the right to have a blood sample taken.
Once you offer the person a blood test, how long must you give them to make a decision?
They are legally allowed 10 full uninterrupted minutes.
Usually you allow 12 minutes to avoid arguments over time given.
What happens if a person refuses to give a blood sample (and they have already refused EBT).
They are charged for this (they have already been arrested so will get multiple charges).
Who is NOT entitled to elect a blood test?
A person 20 yrs or over whose EBT is 251-400.
What is the Breath and Alcohol Procedure sheet? (POL?)
POL 515
A person 20 yrs and over will be charged with excess Breath alcohol if their reading is over ______mcg.
250 mCG
OVER 400 is punishable by imprisonment
A person 20 yrs and over will be charged with excess Blood alcohol if their reading is over ______.
80
A person under 20 yrs will be charged with excess Breath alcohol if their reading is over _____.
0
What happens to an over 20 yr old with breath alcohol between 250 and 400?
Fined demerits
What happens to an over 20 yr old with breath alcohol over 400mcg?
They’re prosecuted/summoned.
If 17 or under then send to youth aid
What happens to an under 20 yr old with breath alcohol between 0 and 150?
Fined and demerits
If under 17 send to youth aid
What happens to an under 20 yr old with breath alcohol 151 and over?
They get prosecuted/summoned.
A person under 20 yrs will be prosecuted with excess Blood alcohol if their reading is over ____.
30
What are the 4 arrestable EBA Offences?
SECTION 59
Fails or refuses to remain
Or
Fails or refuses to accompany
SECTION 60
Fails or refuses to give blood when required by an enforcement officer
Or
Fails or refuses to give blood when requested by a medical practitioner
When should you NOT summons a driver?
If they are under the age of 17.
Hospital blood is from what section?
73
Blood can be taken without consent.
When would you take hospital blood? Section 73
MVA
Driving whilst incapable comes under what section?
Section 58
What is Section 58?
Driving whilst incapable
What do you do in the case of section 58?
Arrest the person and then call a doctor who can certify the person incapable.
$4500 fine + 3 months imprisonment + disqualified for 6 months.
What is a CIT test?
Compulsory Impairment Test
What act is driving whilst impaired?
Section 57A
When can you request a CIT?
When you have GCTS a driver is on drugs.
Section 71A
What must you fill out for a CIT TEST?
POL 1115
What must you say if you request a CIT?
“I now require you to remain/accompany me to the *** police station or other such place for the purpose of a compulsory Impairment Test, blood test or both.
What must you do when you ask someone to accompany you?
Read rights caution
What section is a summons under?
Section 29
Infringement Offences are what? For both ages
Over 20s.
Between 250 to 400 mcg 50-80mg
Under 20s
Between 0-150 mcg
0.30 mg
When is a summons used?
When the person accepts the reading and is not arrested.
