Offensive Weapons, EBA, Traffic, Sale And Supply Flashcards
Elements for Possession of offensive weapon or disabling substance (public place)
Without lawful authority or reasonable excuse Has with him or her In any public place Any knife Or Any offensive (any article, made, altered or intended for causing bodily injury) Or Any disabling substance
Elements for Possession of an offensive weapon or disabling substances (any place)
His in his or her possession
In any place
Any offensive weapon (any article capable of being used for causing bodily injury)
Or
Any disabling substance
In circumstances that Prima face show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
5 situations you can require someone to undergo a breathe screening test without delay
1 - Any driver of a motor vehicle on any road
2 - Any person attempting to drive a motor vehicle on any road
3 - Any person you have good cause to suspect has recently committed an offence against the LTA that involves driving a motor vehicle
4 - A driver of a motor vehicle involved in a motor accident
5 - Where the driver is not known you have good cause to suspect passengers in a vehicle involved in a motor accident
What does someone’s breathe or blood have to be to have there license disqualified for 6 months
400mcg breathe 80mg blood
What is the fine and demerit points for over 250mcg breathe or 50mg of blood
$200 and 50 demerit points
What happens to a youth under 17 who has EBA
No charging document is issued and the file is forwarded to youth aid
For an under 20 driver what is there limit to receive a $200 fine and 50 demerit points
150mcg breathe or 30mg blood
What gives us the power to suspend license for 28 days
Breathe alcohol over 650mcg or blood over 130mg
Breathe alcohol over 400mcg or 80mg of blood and has been convicted of any relevant offence within the last 4 years
Failed or refused a blood test under sec 72 or 73
What are the arrestable EBA offences
Failing or refusing to remain at the place where the BST was done until the result was known
Failing or refusing to accompany without delay for an EBT or blood test or both
Having been required by an officer, medical practioner to permit a blood specimen to be taken, fails, or refuses to do so.
LTA sec 95
Suspending license for 28 days for
- breathe alcohol over 650mcg or 130mg of blood
- driving 40kph over the speed limit
LTA sec 96
Seizing and impounding vehicles for 28 days if
- drove while disqualified or suspended
- EBA over 400mcg or 80mg blood and 2 previous convictions
LTA sec113
Direct a person on a road
Inspect, test and examine
Move or authorise another person to move
Direct the driver or person in charge to move vehicle
Forbid an unlicensed driver to drive a motor vehicle
Forbid a person who is operation a transport service
Direct a pedestrian or a person using a vehicle
LTA sec 114
Power to stop a vehicle and demand details of the driver.
How long can you delay someone under sec 114 LTA to confirm there ID
15 mins
LTA 115
Banning vehicles from the road
Green sticker for defective vehicle pol1650
Pink sticker for unsafe vehicle pol555