Lesson 10.1 Section 5 RTA 1988 Drink Driving Flashcards
What is s5 RTA 1988?
It is an offence for a person to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place having consumed alcohol in such quantity that the proportion of alcohol in their breath, blood or urine exceeds the prescribed limit.
What is the definition of drive?
A person is held to be driving when they have control of the speed and direction of the vehicle. This includes:-
- Being towed where the person in the towed vehicle has control of the steering and braking (rope tow not rigid tow)
- Pushing the car and jumping into it as it gathers speed
- Where the vehicle is stopped, providing that the stoppage is due to some purpose connected with driving (stopping at traffic lights, to get fuel)
Define attempting to drive?
This means when the person has made some positive act to put the vehicle in motion, but has failed to do so (trying to start the engine)
Define in charge of a vehicle?
Depends on circumstance but possessions of the ignition key and proximity to the driving position would normally be taken into account.
What are the prescribed limits?
Breath: 22 micrograms (22ug) of alcohol in 100 millilitres of breath
Blood: 50 milligrams (50mg) of alcohol in 100 millilitres of blood
Urine: 67 milligrams (67mg) of alcohol in 100 millilitres of urine
If the breath sample shows a reading of between 0 micrograms and 22 micrograms the law provides that no proceedings are taken.
The lord advocate has instructed that a driver who provides two samples of breath the lower reading of which is in the range of 23 micrograms and 26 micrograms - this is not to be reported to the fiscal.
Define public place?
A public place is any place to which the public have right of access whether on payment or otherwise at that time.
What is s6 of RTA 1988?
Provides officers with the power to require a specimen of breath where it is believed an offence under section 5 has or is being committed
A constable in uniform may require a person who is or has been:-
- driving, attempting to drive, or in charge of a motor vehicle on
- a road or other public place; to
- supply a specimen of breath for a breath test if the constable has reasonable cause to suspect that:-
1) the person has alcohol in there body or
2) the person has committed a moving traffic offence or
3) the person was involved in a road traffic collision (uniform not required)
If you believe someone to have consumed alcohol in the last 20 minutes when should the breath test be taken?
It should not be taken until 20 minutes have elapsed. This ensures a misleading result is not registered due to mouth alcohol.
NB - activate TXI when doing test.
What if a person fails to give a breath?
It is an offence under s6(6) for any person to fail, without reasonable excuse, to provide such a specimen when so required
What power of arrest is associated with failing to provide a breath sample?
Whether or not they are arrested depends on the result of the breath specimen.
The power of arrest is under s6 of the RTA 1988.
Person should only be arrested if:-
- They provide a positive breath test or
- They fail or refuse to supply a breath specimen but only where the constable suspects their body contains alcohol
The person should be under no doubt they are under arrest and the words “I arrest you” should be used.
Where the person refused without reasonable excuse to supply a breath specimen but the constable does not suspect that they have alcohol in their body, that person can be cautioned and charged and reported to the PF
Does s6 give any entry to premises?
S6 does not mention this.
Lord advocate says:-
If a constable has Reason to believe that a suspect is within the premises they may enter the premises by force if necessary in order to obtain and preserve evidence if in the interest of justice to do so. But they may only do so in the following circumstances:-
- In cases involving a road traffic collision (whether the police were in hot persuit or not) or
- In cases where the person is suspected of committing any drink driving offence, but absence of collision, only if police are in hot pursuit.
What is s7 RTA 1988?
Section 7 RTA 1988
Having been arrested under s6 the person will be conveyed to a suitably equipped police station where they are subject to requirements of s7.
This involves requiring suitable samples of breath, blood or urine from the suspect so that the exact quantity of alcohol in the sample can be measured.
If it subsequently shows that the suspect had alcohol in excess of the prescribed limit they can be prosecuted for contravention of the s5 drink driving offence.
The most common way of obtaining a sample for analysis is by requiring two specimens of breath from the arrested person. The sample is taken using the breath analysis machine at a police station.
Breath usually the go to as blood and urine can only be obtained at the police station in the following circumstances:-
- Breath analysis machine is unavailable or broken down or
- In the opinion or the constable the person has a reasonable excuse for failing to provide specimens (eg medical)
- if there is reasonable excuse to believe the devise has not produced a reliable indication of the proportion of alcohol in breath
Blood and urine needs to be obtained by a doctor or nurse.
Offences under s7
Offence under s7 to fail to supply a specimen of breath, blood or urine without reasonable excuse.
What is the hospital procedure in relation to drink driving?
When a person suspected of a s5 offence is admitted to hospital a different procedure must be carried out, both in relation to breath tests and specimens for analysis.
The following main three differences apply to the procedures at hospital:-
1)
