Offensive Weapons, EBA, Traffic, Sale And Supply Flashcards

1
Q

Elements for Possession of offensive weapon or disabling substance (public place)

A
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
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2
Q

Elements for Possession of an offensive weapon or disabling substances (any place)

A

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

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3
Q

5 situations you can require someone to undergo a breathe screening test without delay

A

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

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4
Q

What does someone’s breathe or blood have to be to have there license disqualified for 6 months

A

400mcg breathe 80mg blood

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5
Q

What is the fine and demerit points for over 250mcg breathe or 50mg of blood

A

$200 and 50 demerit points

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6
Q

What happens to a youth under 17 who has EBA

A

No charging document is issued and the file is forwarded to youth aid

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7
Q

For an under 20 driver what is there limit to receive a $200 fine and 50 demerit points

A

150mcg breathe or 30mg blood

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8
Q

What gives us the power to suspend license for 28 days

A

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

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9
Q

What are the arrestable EBA offences

A

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.

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10
Q

LTA sec 95

A

Suspending license for 28 days for

  • breathe alcohol over 650mcg or 130mg of blood
  • driving 40kph over the speed limit
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11
Q

LTA sec 96

A

Seizing and impounding vehicles for 28 days if

  • drove while disqualified or suspended
  • EBA over 400mcg or 80mg blood and 2 previous convictions
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12
Q

LTA sec113

A

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

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13
Q

LTA sec 114

A

Power to stop a vehicle and demand details of the driver.

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14
Q

How long can you delay someone under sec 114 LTA to confirm there ID

A

15 mins

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15
Q

LTA 115

A

Banning vehicles from the road
Green sticker for defective vehicle pol1650
Pink sticker for unsafe vehicle pol555

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16
Q

LTA sec 118

A

Owner or hirer of any vehicle to give within 14 days all info for the ID and apprehension of the driver if that driver is alleged to have committed an offence while in charge of the vehicle

17
Q

LTA sec119

A

Entering premises for purpose to complete an EBA procedure

18
Q

LTA sec 121

A

Taking keys and forbidding to drive because of their physical or mental condition is incapable of proper control of the vehicle or they do not complete an impairment test.
Forbid to drive for a specified time
All keys to be surrendered
Render vehicle immobile
Move vehicle if causing an obstruction or hazard
EBA offenders to be forbidden to drive for 12 hours
Direct someone to drive to a place they can get rest

19
Q

LTA sec122

A

Seize and impound vehicle for 12 hours in emergency in interest of public safety

20
Q

4 checks for seeing intoxication levels and how many do you need

A

Speech is impaired
Co-ordination is impaired
Appearance is affected
Behaviour is impaired

Need 2

21
Q

3 offences for alcohol in public places

A

Minor drinking in a public place
Minor in possession of alcohol for consumption
Alcohol offences on public transport
Intoxicated people found in a public place or trespassing on private property.

22
Q

3 things for detaining under the policing act sec36

A

Incapable of protecting themselves from physical harm
Likely to cause physical harm to a person
Likely to cause significant damage to any property

23
Q

How long can we detain someone for detox under sec 36 policing act

A

12 hours

24
Q

SaSoA sec 267

A

Power to enter to ascertain the licensee is complying with the act/license or have reasonable grounds to believe that an offence is being committed on those premises

25
Q

SaSoA sec 269

A

Power to obtain details/proof of age of any person who we have cause to suspect has committed, is committing or is attempting to commit an offence. Person can be cautioned and then arrested if they fail to give details.

26
Q

What are 5 things that give power to close premises

A

1 - if a riot is taking place or about to occur
2 - if there is fighting or serious disorder or about to occur
3 - if there is a significant threat to public health or safety
4 - if the conduct on the licensed premises amounts to substantial public nuisance
5 - if there are reasonable grounds for believing off noes have been committed on the premises that carry a max penalty of 5 years or more and a risk of other such offences being committed on the premises if it stays open

27
Q

3 offences for Minors SaSoA act

A

242 employing minors in a restricted area
243 minors purchasing alcohol
244 minors found in restricted Orr supervised area

28
Q

8 offences by licensees or managers

A

239 Sale or supply of alcohol to minors on or from licensed premises
241 Suppling alcohol to minors
247 unauthorised sale or supply
248 Sells or supplies to intoxicated person
249 Allows a person to become intoxicated
252 Allows intoxicated person to be or email on licensed premises
253 Allows violent, quarrelsome, insulting or disorderly conduct on licensed premise
256 Allows person to be on licensed premise outside licensing hours