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DHEP Introduction To Core Policing Practice > Lecture 25 Roads Policing Day 3 > Flashcards

Lecture 25 Roads Policing Day 3 Flashcards

1
Q

What is Section 3A Road Traffic Act 1988?

A

If a person causes the death of another person by
driving a mechanically propelled vehicle
on a road or other public place
without due care and attention, or
without reasonable consideration
for other persons using the road or place,
and
• a)he is, at the time when he is driving, unfit to drive through drink or drugs, or
• (b)he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or
•(ba) He has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or
• (c)he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, or
• (d)he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,
• he is guilty of an offence.

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2
Q

What is Section 4 Road Traffic Act 1988

(Unfit to drive through drink or drugs)?

A

A person, who when
driving, attempting to drive, or is in charge of a
mechanically propelled vehicle
on a road or other public place
is UNFIT to drive through drink or drugs.
So how do we prove it?
• Road, public place & MPV are matters of fact…
• Evidence of driving, attempting or in charge is provided by Police Officer or other witnesses…
• Police Officer evidence that merely states the driver was ‘unfit’ is not enough… You must also show…
i. Evidence of impaired driving… OR…
ii. Evidence of impairment in the driver… AND…
iii. Evidence of the presence of drink or drugs.

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3
Q

What isSection 5 Road Traffic Act 1988

(Drive whilst over prescribed limit (OPL)?

A 
“A person is guilty of an offence if they
drive, attempt to drive or are in charge of
a
motor vehicle
on a road or other public place
after consuming so much alcohol
that the proportion of it in them
breath, blood or urine
exceeds the prescribed limit”
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4
Q

How can you test for the presence of alcohol?

A

breath, blood and urine.

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5
Q

What are the prescribed limits?

A

Type of Sample: Amount of alcohol per 100ml
Breath: 35µg
Blood: 80mg
Urine: 107mg

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6
Q

What is Sec 5A Road Traffic Act 1988

(Drive whilst over prescribed limit for drug (OPL Drugs))?

A

Where a person
Drives, attempts to drive or is in charge of
A motor vehicle
On a road or other public place
And there is in that person’s body
a specified controlled drug
And the proportion of the drug in that person’s blood
exceeds the specified limit for that drug.

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7
Q

What are the 17 specified drugs?

A
  1. Benzoylecgonine (metabolite of Cocaine), 50µg/L
  2. Cocaine, 10µg/L
  3. D9 Tetrahydrocannabinol, 2µg/L
  4. Ketamine, 20µg/L
  5. LSD, 1µg/L
  6. Amphetamine, 250µg/L
  7. Methylamphetamine , 10µg/L
  8. Methylendioxymethamphetamine (MDMA), 10µg/L
  9. Heroin and Diamorphine, 5µg/L
    The prescribed drugs are…
  10. Clonazepam, 50µg/L
  11. Diazepam, 550µg/L
  12. Flunitrazepam, 300µg/L
  13. Lorazepam, 100µg/L
  14. Methadone, 500µg/L
  15. Morphine, 80µg/L
  16. Oxazepam, 300µg/L
  17. Temazepam, 1000µg/L
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8
Q

What is Sec 6(1) Road Traffic Act 1988

(Preliminary testing)?

A 
ANY Constable
may require a person
to cooperate with any one or more
‘Preliminary Tests’
Administered to the person
by that or another constable
• Constable making the request does NOT have to be in uniform
• Constable carrying out the Preliminary Test DOES have to be in uniform unless request follows an accident (S6(5)).
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9
Q

What is Section 6(2 to 5) RTA 1988 (preliminary tests)?

A

• If a person is driving, has been driving, attempting to drive or is in charge
• Of a motor vehicle
• On a road or other public place and they:
i. Are suspected of having alcohol or drugs in their body
ii. Commit a moving traffic offence
iii. Are the driver of a motor vehicle involved in an
accident
Any one or more of the three Preliminary Tests can be requested
S6(6) creates an offence if driver fails to co-operate with any test.

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10
Q

What is Section 6(D) Road Traffic Act 1988 (Power of Arrest)?

A

A constable may arrest a person without warrant if
as a result of a preliminary test
the constable reasonably suspects that—
(a) the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit, or
(b) the person has a specified controlled drug in his body and the proportion of it in the person’s blood or urine exceeds the specified limit for that drug
S6(3) A person may not be arrested under this S6 while at a hospital as a patient.

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11
Q

What is Section 6E Road Traffic Act 1988 (Power of Entry)?

A
  • Requirement for preliminary test following RTC injury
  • Motor Vehicle only
  • Arrest for positive result from preliminary test
  • Injury to any person (including driver)
  • Know that an accident has taken place
  • Believe that the person was the driver
  • Suspect that an injury occurred
  • Suspect the driver is in the premises
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12
Q

What is Section 7(1) Road Traffic Act 1988 (Powers to Require the Provision of Evidential Breath or Blood Specimens)?

A

In the course of an investigation into whether a person has committed an offence of:
• Causing Death by Careless or Inconsiderate Driving Whilst Under the Influence of Drink or Drugs,
• Driving or Attempting to Drive or In Charge of a Mechanically Propelled Vehicle Whilst Unfit through Drink or Drugs, or
• Driving/Attempting to Drive/In Charge Whilst Over Prescribed Limit,

A constable may require from the driver:
7(1)(a) two specimens of breath for analysis using an approved device which may be taken:
• at a police station,
• at a hospital,
• anywhere provided the officer is in uniform, or if not, has imposed a requirement following an accident
7(1)(b) a specimen of blood or urine for a laboratory test.
• Blood must be taken by a police medical practitioner or (when permitted) police registered health care professional
• Urine may be obtained by a constable

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13
Q

What is the protection for hospital patients?

A

• While a person is at a hospital as a patient he shall not be required to co-operate with a preliminary test or to provide a specimen under section 7 of this Act unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—
• (a)if the requirement is then made, it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital,
but
• (b)if the medical practitioner objects on the ground specified in subsection (2), the requirement shall not be made.

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14
Q

What is S7A Road Traffic Act 1988 (Specimens of blood taken from persons incapable of consenting)?

A
  • Following an accident, a constable can request that a blood specimen should be taken without the consent of the casualty who is a patient in hospital, if the officer believes that the patient cannot give a valid consent because of his or her medical condition
  • Once the specimen supplied it is stored until the patient recovers
  • At this point, the officer must ascertain from the hospital doctor responsible for the patient, whether the patient is fit to be asked to give permission for analysis of the specimen and to receive the warning of the consequences of prosecution if they fail to do so
  • This may require repeated enquiries with the doctor, all of which must be recorded.
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15
Q

What is S10 Road Traffic Act 1988 (The Detention of Drivers)?

A

A person who has been required to provide a specimen of breath, blood or urine for analysis (whether at a police station or elsewhere), may afterwards be (arrested and) detained at a police station until it appears to the officer that:
were they to drive or attempt to drive
a mechanically propelled vehicle on road
they would not be committing an offence under
Sections 4, 5 and 5A of the Road Traffic Act 1988.

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16
Q

What is Back Calculations / Alcohol Technical Defence?

A
  • There are occasions when an evidential sample may be required several hours after an incident
  • Such a requirement may be made after a serious traffic accident in which a driver failed to stop and was traced some hours later
  • It is possible for calculations to be made which would establish, as far as possible, the amount of alcohol in a person’s body at a particular time
  • These calculations are made by a forensic science service provider at the request of the prosecution.

Back Calculations / Alcohol Technical Defence
• There are occasions when persons who are charged with drink/drive offences may claim, in their defence, that they had consumed alcohol between the time they had been driving and the time the evidential sample was taken.
• This defence may be used to suggest that at the time of driving, the driver had less than the maximum permitted level of alcohol in their body.
• This is known as the ‘Alcohol Technical Defence‘ or ‘Hip Flask’ defence

17
Q

What is Section 6(1) Road Traffic Act 1988 (Breath Testing)?

A

How to Require a Breath Test
Firstly, the formal request must be made.
The suspect needs to know why you are formally requesting their co-operation with the test. You may word it as…
➢ “As I suspect that you have alcohol in your system”
or
➢ “As you have committed a moving traffic offence (and say which one)”
or
➢ “As you have been involved in an traffic accident”
“I now require you to provide me with a specimen of breath for analysis by means of an approved device”

18
Q

What is the warning you must give about the consequences of failure to provide a breath sample?

A

“I must warn you that failure or refusal
to provide a sample is an offence which
may make you liable for arrest and prosecution
and that providing a positive sample
will lead to your arrest. Do you understand?”
“I am formally asking you now are you willing to provide me with a sample?

19
Q

What is Sec 6(6) RTA 1988 (Offence of failing to co-operate with a preliminary test)?

A 
A person commits an offence if
without reasonable excuse
he fails to co-operate with
a preliminary test
in pursuance of a requirement imposed under this section.
20
Q

What are the Three questions to ask prior to testing?

A
  1. “Have you consumed any alcohol in the last 20 minutes?”
  2. “Have you used a mouth spray or mouthwash in the last 20 minutes?”
  3. “Have you smoked in the last 5 minutes?”
21
Q

How do you Require a Breath Test?

A
  • Introduce the home office approved device and program it in the subject’s presence asking relevant questions in order to do so
  • Show the sterile mouthpiece sealed in its wrapper and make a point of explaining that it has not been used before
  • Fit the mouthpiece to the device in the subject’s presence drawing their attention to the fact that you do not touch it with your fingers
  • Tell the subject that they are not to touch the testing device at any time
  • Explain to the subject how they go about providing a sample of breath:

How to Require a Breath Test
“Place the tube into your mouth and form a good seal around it with your lips.
When you are ready, blow through the tube in one long continuous breath until I tell you to stop.
(It is a little like blowing up a party balloon.)
This is an intelligent device.
Do not try to beat the machine.”

22
Q

What if they fail to provide a sample?

A

Observe the subject closely as they provide their sample.
Some drivers will still try to beat the machine by:
• not blowing in one continuous breath,
• pretending to blow or indeed trying to suck, or
• not blowing correctly into the tube (tongue over tube or out of corner of mouth)
The device will abort the test at which point you will re-warn the subject prior to any subsequent attempts to provide
“I must warn you that failure or refusal to provide a sample is an offence which may make you liable for arrest and prosecution and that providing a positive sample will lead to your arrest.”

23
Q

If the subject fails to provide a sample for analysis you have the power to arrest?

A

“I am arresting you for failing to provide a sample of breath for analysis”
(Offence committed under Section6(6) Road Traffic Act 1988)
(Power to arrest under Section 6D(2) Road Traffic Act 1988)
• If the subject provides a positive sample:
“I am arresting you on suspicion of driving a motor vehicle whilst over the prescribed limit”
(Offence under Section 5 Road Traffic Act 1988)
(Power to arrest under Section 6D(1) Road Traffic Act 1988)
• GIVE THE ‘WHEN QUESTIONED’ CAUTION
• NO NECESSITY CRITERIA REQUIRED as the power is written into the act

24
Q

10 Step procedure for taking a sample of breath?

A
  1. Ask the subject the preliminary questions
  2. Switch on – press and hold
  3. Log the pre-analysis data – gender ethnicity, age
  4. Attach the mouthpiece
  5. ‘READY’ on screen Instruct the subject to give a sample
  6. Take the breath sample
  7. Note the reading
  8. Discard the mouthpiece
  9. Enter the post-analysis data
  10. Switch off, or next test
25
Q

What is Section 5A RTA 1988?

A

A person who when
driving, attempting to drive or in charge of
a motor vehicle
on a road or public place
has an excess of a specified drug in their system.
Officer suspects person who is driving, attempting or in charge of a motor vehicle on a road or public place…..
• has alcohol or a drug in their body or is under the influence of a drug
• has committed a moving traffic offence
• has been involved in an accident

26
Q

How to get the perfect result with Drug Wipe 3s?

A

How to get perfect results
Check the Drugwipe 3S packaging make sure it is sealed, undamaged and in date
• Check that the subject has an empty mouth and has not eaten or drunk anything for 10 mins prior to test
• Open the packet check that the readout window has faint blue lines
• Discard if any red lines are present and use a fresh Drug Wipe.

  • This may sound crude – but the device works better when you swipe for fresh runny saliva
  • Get the subject talking and sweep the tongue around the cheeks - Look for a shiny tongue
  • Separate the blue sample collector. The sample pads should be redish.
  • Draw the Drug Wipe gently down the tongue 3 times in the centre 3 times to the left and the right
  • Don’t overload it with saliva – its not a bucket of saliva the drives the Drug Wipe process but the buffer liquid from the ampule
  • Collect enough saliva so the red sample pads go yellowish white
  • If the tongue is covered in white fur or garlic bread proteins – wipe the tongue on both sides and the tip.

Reassemble the blue wiper onto the white body squeeze until you hear a double click
Gently squeezing at both outside edges – so that both little Cannabis and Cocaine sample pads are fully inserted onto the chemistry strips
Start to count/time 8 minutes

• Hold the blue part up to the sky
• The grey part to the down to the tarmac
• Sliding the grey cover back now break the ampoule completely.
• Slide the grey cover over wait for 10 seconds.
• This allows the chemical reaction to work
• Place on a flat/level surface
Lay the DrugWipe, flat, so the buffer doesn’t flow too fast downhill as this may weaken the result or slowly uphill as you may miss a weak result because its taking too long.
Flat means not tipped on its side as you do when you read it. This will alter the readings - That dashboard may not be flat -
After 8 minutes read the result.

Faint lines – Shine a torch up through the Drug Wipe to reveal
You are allowed 3 attempts DrugWipe3s. So, any error or unexpected negatives - try again
Golden Hour – Shout up on the Airwave to find if the Health Care Professional (HCP) is available

27
Q

What Does a Negative Drug wipe Result mean?

A

• The person may not be over the specified limit for THC cannabis or cocaine
• But there are 17 drugs listed under s5A RTA and 100s of other substances that can cause impairment
• A poor-quality saliva specimen can produce a negative result
• Failure to follow manufacturer’s instructions may produce a negative result
Note - A maximum of 3 x drug tests may be required

28
Q

The Importance of Section 4 (Unfit)?

A

In the event of a negative result / no test being conducted;
• A driver may still be arrested s4 RTA and additionally investigated for s5A RTA (MG DD/A – A7)
• In the event that a blood specimen cannot be obtained, the driver may still be investigated for s4 RTA via a urine specimen
• If analysis results show below the specified limit/s – s4 RTA may still be charged
• If forensic lab are unable to analyse, for example, insufficient specimen, s4 RTA prosecution may still be possible

DHEP Introduction To Core Policing Practice (34 decks)

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