EBA procedure 2 Flashcards
When breath testing drivers, when can you assume that a person is under 20 years of age?
Their drivers licence shows the person is under 20.
They produce a licence showing they are over 20 but you BELIEVE:
1). The licence is not the drivers own
2). The licence is invalid
3). The person is under 20
4). The person fails to produce a licence and cannot satisfy you by some other means that they are over 20.
At what pint can you arrest a driver during the breath screening test procedure?
If the driver refuses or fails to remain for the result of the breath screening test.
What are the exact words you would say when demanding that the driver go with you to a testing venue?
“I now require you to accompany me to the _______ Police station or other such place for the purpose of undergoing an evidential breath test, blood test or both”
As well as the LTA requirements, what else must you inform the driver of at the time of detention?
Their caution rights.
If you considered the driver might be a danger to you by their demeanour or previous record, what does the Search and Surveillance Act 2012 allow you to do?
Search them under section 85 after you have carried out your section 125 obligations (RAN).
What action should you take if the driver refuses to accompany you?
Warn the driver that they may be arrested for failing or refusing to accompany you. If they are arrested they are required to be advised that bail will be considered. If they resist arrest for failing to accompany then give the rights caution again.
(After detaining and back at the station) The driver says he will cooperate with the testing. You start the breath and blood alcohol procedure sheet (POL515) and you read the driver the advice on this form.
What must you now request the driver to do?
Request that he signs that he is aware of why he is detained and that he is aware of his rights.
The driver refuses to sign a POL515 sheet. What should you do?
Endorse the signature area of the breath and blood alcohol procedure sheet (POL515) with the words “refused to sign”.
What are the exact words you would say to someone before they undergo an EBT?
“I now require you to undergo an evidential breath test without delay”
The result of an evidential breath test is 605 micrograms per litre of breath.
What is the next stage of the testing procedure?
Read out loud to the driver a copy of the “advice of positive EBT” (part J) of the breath and blood alcohol procedure sheet asap after the result ascertained.
Advise them again of their rights.
Give them their 10-minute period to make a decision. In practice allow up to 12 minutes.
The driver elects to accept the breath alcohol result.
How would you complete the processing of this driver?
Issue the driver with a summons under criminal procedure Act 2011 section 29. This must not be filled out until after the 12 minute period.
They must be forbidden to drive under section 121 2 a.
If there are no doubts to the drivers ability to drive, they are free to go.
The driver refuses to provide a specimen of blood to the medical practitioner when asked.
What charge would the driver now face?
Failing to provide a medical practitioner with a sample of blood.
