Policing the Roads - Drink and Drug Driving Flashcards
Four pillars of ‘Policing Our Roads Together’
Preventing harm and saving lives
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Changing minds
Unfit through Drink or Drugs - S.4(1&2) Road Traffic Act 1988
It is an offence to drive or attempt to drive or be in charge of a mechanically propelled vehicle (MPV) on a road or other public place whilst unfit to drive through drink or drugs.
Defences to Drunk in Charge Offence - S.4(3) Road Traffic Act 1988
He has a defence if he can prove:
-there was no likelihood he was going to drive so long as he remained unfit to drive through drink or drugs.
Evidence for S.4 Road Traffic Act
-Witness observations of person’s manner of driving/behaviour
-A Field Impairment Test (FIT) and a drug wipe (Only a FIT/drug wiped trained officer can administer these)
-The result of analysis of samples of breath, blood, urine.
-Report of medical/custody nurse.
-BWV, CCTV, Dash Cam Footage
Exceeding Prescribed Limit - S.5(1a & 1b) Road Traffic ct 1988
It is an offence to drive or attempt to drive or be in charge of a MOTOR vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.
S.5 Prescribed Limits - S.11 Road Traffic Act 1988
1) 35 microgram of alcohol per 100 milliliters of breath
2) 80 milligrams of alcohol per 100 millilitres of blood
3) 107 milligrams of alcohol per 100 millilitres of urine
(All = 8. 3 +5, 8+0, 1+0+7)
Excess Specified Drugs - S.5A Road Traffic Act 1988
It is an offence to drive or attempt to drive or be in charge of a motor vehicle on a road or public place when the proportion of the specified drug in their blood or urine exceeds the specified limit for that drug.
S.5A Medical Defences - S.5A(3) Road Traffic Act 1988
-The specified controlled drug has been prescribed/supplied for medical/dental purposes
-They took the drug in accordance with any direction given by the person whom the drug was prescribed/supplied.
-Possession of drug immediately before taking it was not unlawful under MDA
Preliminary Tests for drink/drug
-Preliminary breath test - Roadside breath test (RTA 1988 S.6A)
-Preliminary impairment test - indicates whether a person is unfit to drive through drink or drugs (RTA 1988, S.6B
-Preliminary drug test - indicates if they are any drugs in person’s body
S.5 Defences to being over the prescribed limits - S.5(2) Road Traffic Act 1988
No likelihood of his driving whilst the proportion of alcohol in his breath, blood, urine exceeded the limit
Preliminary Drug Testing Device - S.6(c) Road Traffic Act 1988
Looks for Cannabis or Cocaine
Preliminary Test Road - S6(2) Traffic Act 1988
If a constable reasonably suspects the person IS driving, attempting to drive or is in charge of a motor vehicle on a road/public place and alcohol/drug in his body or under the influence of a drug he may require/administer a preliminary test.
Must be in uniform to administer
Preliminary Test - S.6(3) Road Traffic Act 1988
If a constable reasonably suspects that the person HAS been driving, attempting to drive or in charge of a motor vehicle on a road/public place while having alcohol/drug in his body or while unfit to drive because of a drug and still has alcohol or drug in his body he/she may require and administer a preliminary test
Must be in uniform to administer
Preliminary Test - S.6(4) Road Traffic Act 1988
If a constable reasonably suspect that the person is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and has committed a traffic offence while the vehicle was in motion, he/she may require and administer a preliminary test
Must be in uniform to administer
(Speeding, no seatbelt etc)
Preliminary Test - S.6(5) Road Traffic Act 1988
If an accident occurs owing to the presence of a motor vehicle on a road or other public place, and a constable reasonably BELIEVES that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident, he/she may require and administer a preliminary test
Does not need to be in uniform to administer
(for RTC)
Do you need to be in uniform to make requirement of a drug/alcohol test?
No, and at a collision can also administer.
Roadside Breath Test Procedure
1) State power used and reason why you are going to do the test (power is subsection 6 2-5)
2) “Therefore I require you to provide a specimen of breath by means of a roadside screening device. I must warn you that failure or refusal to provide such a specimen may render you liable to prosecution. Will you provide me with a specimen of breath?” (if yes)
3) “Have you consumed any alcohol or used mouthwash or mouth spray in the last 20 minutes?”
4) “Have you smoked in the last two minutes?”
5) Briefly explain the device and what is required of them. Carry out the procedure
6) IF POSITIVE “Because you have provided a positive breath specimen, I am arresting you on suspicion that the proportion of alcohol in your breath exceeds the prescribed limit. The reason the arrest is necessary is so that a more accurate test may be carried out at the police station.”
7)Then Caution (record caution reply)
Powers of Arrest for S.5 S.5A - S.6(d) Road Traffic Act 1988
A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects -
1) The proportion of alcohol in the person’s breath or blood exceeds the prescribed limit, or
2) the person has a specified controlled drug in his body and the person’s blood/urine exceeds the specified limit
3) The person fails to co-operate with a preliminary test in pursuance of a requirement imposed under S.6
4) The constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug. A person may not be arrested under this section whilst in hospital.
Powers of Entry for Injury RTC’s - S.6(e) Road Traffic Act 1988
Where a constable reasonably suspects the accident involved the injury of any person…
They may enter any place (by reasonable force if necessary for the purpose of:
-Requiring a preliminary test
-To arrest after a positive breath test
-To arrest after failure or refusal to provide breath test, must suspect alcohol.
Provision of specimens for analysis at Police Station - S.7(1) Road Traffic Act 1988
For:
-S.4 Unfit drink/drug
-S.5 Prescribed Limit
-S.3(a) Causing death under influence
A constable may require him to provide 2 specimens of breath by means of an approved device or to provide a specimen of blood or urine for a laboratory test.
Blood and Urine Issues - S.7(3) Road Traffic Act 1988
If at a police station one of the following applies:
-Constable has reasonable grounds for believing that a medical reason exists why breath cannot be provided
-A medical practitioner has advised that the condition may be due to drugs
-An approved device is either unavailable or unreliable.
Hip Flask Defence - S.15 Road Traffic Offenders Act 1988
Breath, blood or urine shall in all cases be taken into account unless the accused proves:
-He consumed alcohol between ceasing to drive AND
-Before providing a specimen of breath AND
-Had he not done so he would have not exceeded the limit or been impaired.
Causing Death by Careless Driving Whilst Under the Influence of Drink or Drugs Road Traffic Act - S.3(a) Road Traffic Act
If a person causes death of another person by driving a MPV 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 driving, unfit to drink through drink/drugs or
(b) He has consumed so much alcohol that the proportion of i in his breath, blood or urine exceeds the prescribed limit.
(c) he has in his body a specified controlled drug and the proportion of it in his blood/urine at the time exceeds the specified limit for the drug or
(d) he is, within 18 hours after the time required to provide a specimen in pursuance of S.7 of the Act but without reasonable excuse fails to provide it or
(e) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under S.7(a) of this ct but without reasonable excuse fails to do so, he is guilty of an offence.
Cycling when under Influence of Drink or Drugs - S.30 Road Traffic Act 1988
A person who, when cycling on a road or other public place is unfit to ride through drink or drugs is guilty of an offence.
