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After Summative One material > EBA Process > Flashcards

EBA Process Flashcards

1
Q

What other options could you consider for EBA offences?

A

Power to suspend licence

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2
Q

What form do we need to fill out for land transport breath tests?

A

Notice 2009

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3
Q

What MUST you advise if a driver fails a PASSIVE TEST?

A

(I have reason to believe you have been drinking alcohol) I now require you to under go a BREATH SCREENING TEST (BST) without delay

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4
Q

What are the 5 situations you can require a person to undergo a BST without delay?

A

1) Under 250 FTG
2) Unless under 20yrs RTA
3) Over 250+
4) Under 20yrs RTA
5) Over 400+ RTA

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5
Q

If they fail the BST what MUST you advise?

A
  • I n r y t a m t t ….. or o s p f t p o a EBT, BT or b
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6
Q

Now detained under LTA 1998, under what Act and section can you search the person?

A

RAN them under S S Act 2012, S.85

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7
Q

What MUST you advise before the EBT, BT or both?

A

I n r y t u/g a EBT w/o d

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8
Q

How else could you consider dealing with the driver if they blow under?

A

S.121 FARMED

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9
Q

Where do our K9 POA come from?

A

LTA 1998, S.59

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10
Q

How long can a person wait to make a decision of either a BREATH or BLOOD test?

A

10minutes (give 12minutes)

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11
Q

BREATH route….

A

Issue TON, summons etc.. if under 17yrs DONT summons, complete file and forward to YAS

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12
Q

BLOOD route….

A
  • K9 if fail to give blood
  • K9 if fails to give bloods to doctor
  • Serve TON and summons
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13
Q

LTA 1998, S.95 is what?

A

MANDATORY to Suspend D/L for 28days

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14
Q

S.95 applies to drivers who…

A
  • Breath over 650
  • Blood over 130
  • Fails/refuses to give blood to Police
  • Drives over 50kmh in zone
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15
Q

Limit for drivers under 20yrs for

S.57(1) Breath and S.57(2) blood?

A

(1) Breath over 150 (2) Blood over 30

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16
Q

Penalty for S.57(1) and (2)?

A

Both; 3mnthsIMP/$2250/disq3mnths

17
Q

Limit for drivers under 20yrs for

S.57(1A) Breath and (2A) blood?

A
  • S.57 (1A) Breath NOT over 150 Prec code A523

- S.57 (2A) Blood NOT over 30 Prec code A328

18
Q

Penalty for S.57(1A) and (2A)?

A

Both; ION $200/50 demerits

19
Q

First type of testing?

A

Passive Breath Test speaking name and address into the end of sniffer i.e if fails I r y t u/g a b s t w/o d

20
Q

Second type of testing?

A

Breath Screening Test BST blowing into the tube of the sniffer

21
Q

Third type of testing?

A

Evidential Breath Test EBT blowing into machine at station or booze bus

22
Q

EBA offences S.59(1)

A

(a) Fails to remain for BST until result is known
(b) Fails/refuses to accompany for EBT, blood or both
(c) Having accompanied but fails/refuses to remain at place of test

23
Q

EBA offences

S.60 (1)

A

(a) Fails/refuses to give blood to Police

(b) Fails/refuses to give blood to Medical Practitioner

24
Q

Verify a drivers age, you are entitled to regard a driver as under 20yrs if;

A
  • D/L shows is under 20yrs
  • Produce D/L showing they are over 20yrs but you believe;
    is not the drivers own licence, D/L is invalid, is under 20yrs,
  • Fails to produce D/L and cannot satisfy you by some other means that they are over 20yrs
25
Q

Require to accompany when…

A
  • Driver/person being tested fails/refuses to blow into the breath screening device
  • NO breath screening device is available
  • if the person is 20yrs+ and test reads 400+
  • if the person is 20yrs+ and test reads 250+
  • if the person is UNDER 20yrs and test reads under 250, 250+, 400+
26
Q

Refusal to accompany…

A

WARN they MAY be arrested for failing to accompany you and if arrested bail will be considered

27
Q

POL515…

A

You MUST read PART H of the form out loud to the person

28
Q

EBT

A

i n r y t u/g an e b t w/o d

29
Q

If a person formally requests a blood test

A

They MUST have the test or will face a charge of refusing to give a blood sample in addition to a charge of excess breath alcohol

30
Q

CONSENT of driver for blood

A
  • is under the care/treatment of hospital/DR MUST permit a blood specimen to be taken
  • is unconscious the medical practitioner MAY take a blood specimen
31
Q

CONDITIONS for taking blood

A
  • satisfied that the taking of a blood specimen would not be PREJUDICIAL to the person proper care and treatment
  • tell the person blood is being taken for evidential purposes
  • RGTS that the person is in the hospital as a result of an crash involving a vehicle
32
Q

Officer can request blood but who MUST take it?

A

The doctor. Practitioner/GP/DR can act on own initiative when a driver/suspected driver is at a surgery/hospital because they are injured in a MV accident and DR suspects alcohol is involved

After Summative One material (27 decks)

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