EBA Procedures Flashcards
Section 56(1) & Section 56(2) (EBA Procedures)
Exceeds 400 mcg of alcohol per litre of breath AND/OR exceeds 80 mg of alcohol per 100 ml of blood.
Section 57(1) & Section 57(2): (EBA Procedures)
Under 20 who drivers or attempts to drive and exceeds 150 mcg of alcohol per litre of breath AND/OR exceeds 30 mg of alcohol per 100 ml of blood:
—-> 3 months imprisonment/$2500 fine (or both) and 3 month disqualification.
Section 68(1)(a): (EBA Procedures)
- Power to breath test.
- Any driver of a motor vehicle on any road.
- Any person attempting to drive a motor vehicle on any road.
Section 68(1)(b): (EBA Procedures)
- Power to breath test.
- Any person you have GCTS has recently committed an offence against road safety provisions of the LTA that involves the driving of a motor vehicle.
Section 68(1)(c): (EBA Procedures)
- Power to breath test.
- Any driver of a motor vehicle involved in a motor accident.
- Where the driver is not not known and you have GCTS passengers in a vehicle were involved in a motor accident.
Arrestable EBA Offences:
- fails or refuses to remain.
- fails or refuses to accompany.
- having accompanied, fails or refuses to remain.
- fails or refuses to give blood (if EBT machine is broken or fails to comply after consenting to a blood test).
- fails or refuses to give blood (from a medical practitioner).
Responsibilities during 10 minute period in relation to a right to correct blood:
- always allow 12 minutes.
- DO NOT advise the driver.
- if the procedure needs explaining again —-> explain procedure —-> start the 12 minute period again.
19B summons:
EBA Procedures
- Is used when the person accepts the reading and is not arrested.
- Summons the driver no more than 2 months from the time of the EBT.
Person opts for a blood test:
EBA Procedures
- Driver cannot be charged until the results for BOTH tests are known.
- Free to go unless they face other charges.
- Consider forbidding them to drive under section 121(2)(a) FARMED.
EBA procedure is not appropriate when:
- Driver is under the influence of a substance other than alcohol.
- —–> CIT (compulsory impairment test) is conducted.
Passive test:
EBA procedure
“My name is ________________ . I am conducting a test to est. the presence of alcohol on your breath. “
BST:
EBA procedure
“I require you to undergo a breath screening test without delay.”
RTA:
EBA procedure
“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.”
- —->detain the person.
- —-> caution rights given.
EBT:
EBA procedure
“I require you to undergo an evidential breath test without delay.”
BST test procedure:
EBA Procedures
Screen will display:
- PASS
- UNDER 250 (RTA <20)
- 250 + OVER
- OVER 400