EBA Flashcards
requirements
1/ “I require you to undergo a breath screening test with out delay”
2/ “I now require you to accompany me to the ……..Police station or other such place for the purpose of a evidential breath test, blood test or both.”
3/ I now require you to undergo an evidential breath test without delay.
Positive Reading - Under 20
s57 (1) Under 20 = exceeds 150mcg per litre of breath
3 months / $2,500 disqualified 3 months.
s57 (2) Under 20 = exceeds 30mg per 100 ml blood
3 months / $2,500 disqualified 3 months.
s57 (1A) Under 20 = does no exceed 150mcg per litre of breath. $200 / 50 demerit points.
s57 (2A) Under 20 =does not exceed 30mg per 100 ml blood. $200 / 50 demerit points.
Positive Reading - Over 20
s56 (1) Over 20 = Exceeds 400 mcg alcohol per litre of breath. 3 months / $4500 or both, disqualified 6 months
s56 (1A) Over 20 = over 251 but under 400mcg alcohol per litre of breath $200 / 50 demerit points.
s56 (2) Over 20 = exceeds 80mg alcohol per 100ml of blood. 3 months / $4500 or both, disqualified 6 months
s56 (2A) exceeds 50 but not 80mg alcohol per 100ml of blood. $200 / 50 demerit points.
56(2B) blood test taken after
Requiring a person to accompany you.
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 20 yrs 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 and
“UNDER 250”
“250+ OVER”
“OVER 400”
If a person refuses to accompany
WARN them that they MAY be ARRESTED for failing to accompany you but that , if they are arrested, BAIL will be considered.
Arrest Policy
adults over 400 EBT or Under 20 over 150 EBT can be arrested as its an imprisonable offence. Police Executive Committee guidelines are:
Arrest only if:
I necessary to complete breath / blood alcohol tests.
If there are reasonable ground to believe that they will bea risk to public safety by driving again while impaired.
If there is any doubt about their identity.
If there is doubt that they will be able to be located for serving a summons.
to ensure appearance in court.
Criminal Procedure Act 2011 s28
Allows to summons a driver to a date no more than two months from the time the summons is served.
Under 18 is no summons is served for excess blood alcohol the file should be sent to YAS.
Start blood test procedure when:
An evidential breath test is unavailable
the driver refuses or fails to undergo the EBT
An incomplete test result is obtained
A positive result is returned and the driver elects to have a blood sample taken.
- adult 251 to 400 is not entitled to elect blood test.
- If a person formally requests a blood test then they must have the test or face a charge of refusing along with the excess breath alcohol charge.
Land Transport Act 1998 Section 60
Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test
Land Transport Act 1998 Section 61
Person in charge of motor vehicle causing injury or death
Land Transport Act 1998 Section 62
Causing injury or death in circumstances to which section 61 does not apply
Land Transport Act 1998 Section 120
Power to arrest.
Define intoxicated
appearance affected.
behaviour is impaired.
co-ordination is impaired.
speech is impaired.
displaying licence
name of manager and licence must be prominently displayed
licence - attached to the interior where it is easily read by people entering via the principal entrance.
Manager name must be prominently displayed inside the premises.
