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RNZPC Quiz > EBA > Flashcards

EBA Flashcards

1
Q

Section 56(1)

A

-Drives or attempts to drive
-While proportion of alcohol in person’s BREATH
-As ascertained by an evidential BREATH TEST
subsequently undergone by the person
-Exceeds 400mcg of alcohol per litre of BREATH

-3 months/$4,500 or both
disqualified 6 months

3rd offence:
2 years’ prison // $6,000 fine disqualified more than
1 year

Prec code A518

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2
Q

Section 56(1A)

A

-Drives or attempts to drive
-While proportion of alcohol in person’s BREATH
-As ascertained by an evidential BREATH TEST subsequently undergone by the person
-Exceeds 250mcg but does not exceed 400mcg of
alcohol per litre of breath

-Infringement fee $200.00 // Demerit points 50

Prec code A525

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3
Q

Section 56(2)

A

Drives or attempts to drive
While proportion of alcohol in person’s BLOOD
As ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person
Exceeds 80mg of alcohol per 100ml of BLOOD

3 months/$4,500 or both
disqualified 6 months

3rd offence:
2 years’ prison
$6,000 fine
disqualified more than 1 year

Prec code A323

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4
Q

Section 56(2A)

A

Drives or attempts to drive
While proportion of alcohol in person’s BLOOD
As ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person
Exceeds 50mg but does not exceed 80mg of alcohol per
100ml of BLOOD

Infringement fee $200.00
Demerit points 50

Prec code A337

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5
Q

Section 56(2B)

A

Drives or attempts to drive
While proportion of alcohol in person’s BLOOD
As ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person who has failed or refused to undergo an evidential breath test
Exceeds 50mg but does not exceed 80mg of alcohol per
100ml of BLOOD

Infringement fee $700.00
Demerit points 50

Prec code A338

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6
Q

Section 58

A

Drives or attempts to drive
Under influence of drink OR drug OR both
To such an extent as to be incapable of having PROPER CONTROL of the vehicle

3 months/$4,500 or both
disqualified 6 months

3rd offence:
2 years’ prison
$6,000 fine
disqualified more than 1 year

Prec code A109

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7
Q

Section 57(1)

A

Being a person who is under 20 yrs of age
Drives or attempts to drive
While proportion of alcohol in person’s BREATH
As ascertained by an evidential BREATH TEST subsequently undergone by the person
Exceeds 150mcg of alcohol per litre of BREATH

3 months/$2,250
disqualified 3 months
* For a youth under 17 years, no charging document is issued. Forward the file to Youth Aid
Section

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8
Q

Section 57(2)

A

Being a person who is under 20 yrs of age
Drives or attempts to drive
While proportion of alcohol in person’s BLOOD
As ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person
Exceeds 30mg of alcohol per 100ml of BLOOD

3 months/$2,250
disqualified 3 months
* For a youth under 17 years, no charging document is issued. Forward the file to Youth Aid
Section

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9
Q

Section 57(1A)

A

Being a person who is under 20 yrs of age
Drives or attempts to drive
While proportion of alcohol in person’s BREATH
As ascertained by an evidential BREATH TEST subsequently undergone by the person
Does NOT exceed 150mcg of alcohol per litre of BREATH

Infringement fee $200.00
Demerit points 50

Prec code A523

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10
Q

Section 57(2A)

A

Being a person who is under 20 yrs of age
Drives or attempts to drive
While proportion of alcohol in person’s BLOOD
As ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person
Does NOT exceed 30mg of alcohol per 100ml of BLOOD

Infringement fee $200.00
Demerit points 50

Prec code A328

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11
Q

Section 68

A

When to conduct a breath test. the five situations5 situations

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12
Q

SECTION 68(1)(a)

A

Any driver
of motor vehicle
on any road
(random stopping)

OR

Any person
attempting
to drive a motor vehicle
on any road

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13
Q

SECTION 68(1)(b)

A 
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 of a motor vehicle
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14
Q

SECTION 68(1)(c)

A

A driver
of a motor vehicle
involved in a motor accident

OR

Where the driver is not known
you have good cause to suspect
passengers in a vehicle
Involved in a motor accident

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15
Q

Section 95

A

An enforcement officer who believes on reasonable grounds that any of the
following situations apply must give notice to the person that their licence
will be suspended for 28 days.
1. The person has been found to have breath alcohol of over 650mcg of alcohol per litre of breath.

  1. The person has been found to have blood alcohol of over 130mgm of alcohol per 100ml of blood.
  2. The person has been found to have breath alcohol of over 400mcg of alcohol per litre of breath and has been convicted for any ‘relevant offence’ within the last four years.
  3. The person has been found to have blood alcohol of over 80mgm of alcohol per 100ml of blood and has been convicted of any ‘relevant offence’ within the last four years.
  4. The person failed or refused a blood test under section 72 or section 73 of the Land Transport Act:
    − at the request of an enforcement officer/authorised medical person, or
    − at hospital.
  5. The person drove a vehicle 40kph over the permanent posted speed limit.
    (Does not apply to infringements caught on speed camera.)
  6. The person drove a vehicle 50kph over any speed limit other than the permanent one; for example, temporary speed limit, towing speed limit.
    (Does not apply to infringements caught on speed camera.)
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16
Q

Section 96

A

You must if practical seize and impound a motor vehicle for 28 days, or authorise someone else to do this, if you believe on reasonable grounds that a person drove on a road while they were subject to one of the following
situations.

  1. They were disqualified from holding or obtaining a licence.
  2. They had a suspended or revoked driver licence.
  3. They were not holding a licence – for example, the licence was expired or they were unlicensed – and they had previously been forbidden to drive.
  4. They have been found to have breath alcohol of over 400mcg of alcohol per litre of breath and have two previous convictions for any ‘relevant offence’ within the last four years.
  5. They have been found to have blood alcohol of over 80mgm of alcohol per 100 millilitres of blood and have two previous convictions for any ‘relevant offence’ within the last four years.
  6. They have failed or refused a blood test under section 72 or section 73 of the Land Transport Act:
    − at the request of an enforcement officer or authorised medical person,
    or
    − at hospital
    and
    − have two previous convictions for any ‘relevant offence’ within the last four years.
17
Q

Section 59(1)(a)

A

The person commits an offence if they fail or refuse to remain at the place where the breath screening test was undertaken until the result of the test was known.

18
Q

Section 59(1)(b)

A

The person fails or refuses to accompany you without delay for an EBT or blood test or both.

19
Q

Section 60(1)(a)

A

Having been required by an enforcement officer to permit a blood specimen to be taken, the driver fails or refuses to do so.

20
Q

Section 60(1)(b)

A

Having been requested by a registered medical practitioner or authorised person to permit a blood specimen to be taken without delay, the driver fails
or refuses to do so.

21
Q

Section 120(1)(a)&(b)

A

An enforcement officer may arrest a person without warrant if the officer has good cause to suspect that the person—
(a)
has committed an offence against any of sections 58 to 62; or
(b)
has assaulted that or any other enforcement officer while the officer was acting in the course of the officer’s official duties.

22
Q

Section 119(1) & (2)

A

Where an enforcement officer has good cause to suspect that any person:
• has failed to stop for flashing lights or a siren,
and
• has committed, or is committing, an offence against section 35(1)(a) or (b)
(reckless or dangerous driving) or
• is, or has recently been, driving under the influence of alcoholic drink or drug or both, and you are freshly pursuing that person,

the enforcement officer can:
• without warrant in the course of pursuit,
• enter any premises on which the person has entered, by force if necessary,
to exercise or complete the excess breath alcohol procedures.

23
Q

Section 119(3)

A

The enforcement officer can:
• without warrant enter by force, if necessary
• a building or place where a vehicle to which sections 96 and 123 apply
(seizing and impounding vehicles) is being stored or kept.
• to seize and impound the vehicle.
The enforcement officer can do this if:
• they are freshly pursuing the vehicle, or
• the vehicle is about to be removed, concealed, destroyed or disposed of, or
• they suspect on reasonable grounds the vehicle was about to be used in the
commission of a crime, or
• it is impracticable due to the time of day or the locality to obtain a
warrant.

24
Q

Relevant Offences in regards to Sections 95 & 96

A

section 56(1) excess breath alcohol >400
• section 56(2) excess blood alcohol >80
• section 57A driving while impaired with blood that contains evidence of
use of a qualifying drug
• section 58(1) incapable of proper control under the influence of drink or drug
• 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.

Youth-level convictions do not count as relevant offences.

25
Q

“Speak to the driver” require to accompany

A

“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.”

26
Q

When do you require someone to accompany you

A

-The driver or person being tested fails or refuses to blow into the breath screening device.
-No breath screening device is available (after you have made a diligent effort to obtain one).
-if the person is 20yrs or over and the test reading is “OVER 400”
-if the person is 20 years of age or over and the test is “250+ OVER”
-if the person is under 20 years of age then test readings -
“UNDER 250”
“250 + OVER”
“Over 400”.

RNZPC Quiz (24 decks)

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