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355 > RP02 EBA > Flashcards

RP02 EBA Flashcards

1
Q

If a 20 year or older person drives or attempts to drives, under sections 56 (1) and (2) of the LTA 1998, what is the penalty if someone blows over 400mcg of alcohol in an evidential breath test or exceeds 80mg of alcohol per 100ml blood in a blood test?

A

3 months prison/$4500 fine or both, and 6 months disqualified

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2
Q

If a 20 year or older person drives or attempts to drives, under sections 56(1A) and 56 (2A) of the LTA 1998, what is the penalty if someone blows between 250mcg and 400mcg of alcohol in an evidential breath test or reads between 50mg to 80mg of alcohol per 100ml in a blood test?

A

$200 infringement fee and 50 demerit points.

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3
Q

If a 20 year or older person drives or attempts to drives, under section 56(2B) of the LTA 1998, if someone refuses an evidential breath test and then in the subsequent blood test produces a reading of between 50mg to 80mg of alcohol per 100ml, what is the penalty?

A

$700 infringement fee and 50 demerit points.

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4
Q

If a 20 year or older person or attempts to drives, regarding section 58, under the influence of drugs or alcohol to the extent of being incapable of having no proper control of the vehicle, what is the penalty?

A

3 months prison/$4500 fine or both, and 6 months disqualified

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5
Q

What is the penalty of a third offence If a 20 year or older person has committed 2 previous offences of incapable of having proper control on drugs and 400mcg of alcohol in an evidential breath test or exceeds 80mg of alcohol per 100ml in a blood test?

A

2 years prison/$6000 fine or both.

Disqualified for more than 1 year.

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6
Q

Under section 57 (1) and (2)of the LTA 1998, a person under 20 who drives or attempts to drive with an evidential breath test reading of over 150mcg per litre of breath or over 30 mg of alcohol per 100ml of blood, what is the penalty?

A

3 months prison/$2250 fine

Disqualified 3 months.

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7
Q

Under section 57 (1A) and (2A)of the LTA 1998, a person under 20 who drives or attempts to drive with an evidential breath test reading of under 150mcg per litre of breath or under 30 mg of alcohol per 100ml of blood, what is the penalty?

A

$200 infringement fee and 50 demerits.

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8
Q

What happens if a person under 20 records a EBT of over 400mcg per litre of breath or over 80mcg per 100ml of blood?

A

The person is charged under section 56 as an adult.

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9
Q

What are the five situations that you can require a person to undergo a breath screening test without delay?

A

Any driver of a motor vehicle on any road (random stopping).

Any person attempting to drive any motor vehicle on any road.

Any person you have good cause to suspect has recently committed an offence against the LTA 1998 that involves driving a motor vehicle.

Any driver of a motor vehicle involved in an accident.

Where the driver is not known and you have good cause to suspect passengers in a motor vehicle involved in a motor accident.

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10
Q

Briefly show the main steps of the EBA procedure from start to finish.

A

Passive Breath test

Obtain age

Breath screening test

Require to accompany

Evidential Breath test

Blood test

Summons if applicable, Section 121 and 95/96

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11
Q

What can the results of a passive breath test be?

A

Alcohol or No alcohol.

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12
Q

If alcohol is present after a passive breath test, what are you required to say to the driver?

A

I require you to undergo a breath screening test without delay.

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13
Q

What the are the four possible outcomes of a breath screening test and what do they mean for a 20+?

A

PASS - no alcohol
UNDER 250 - ok to go
250+ OVER - onto EBT, require to accompany
400+ OVER - onto EBT, require to accompany

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14
Q

If a under 20 driver, alcohol interlock driver or no alcohol driver has a BST result of UNDER 250, 250+ or 400+ then what is the next step?

A

EBT, require to accompany

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15
Q

What must you say to the driver when requiring to accompany?

A

I now require you to accompany me to the station/booze bus/car for the purpose of an evidential breath test, blood test or both.

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16
Q

What else must you do when requiring to accompany?

A

The driver is detained so you must advise them of rights caution and also section 85 search after advising them RAN.

17
Q

What is the form used for EBA called?

A

POL515.

18
Q

What can you if the person refuses or fails to accompany you?

A

Arrest for Failure to Accompany.

19
Q

What must you do before an EBT?

A

I now require you to undergo an evidential breath test without delay.

20
Q

What do you do if the driver refuses to do an evidential breath test?

A

Request them to take a blood test.

21
Q

How many successful EBT’s must you carry out?

A

Two

22
Q

Of the two EBT’s taken, what one is used?

A

The lowest score.

23
Q

What is the attempt limit of an EBT before requesting bloods?

A

No more than three attempts.

24
Q

What are the results for a failed EBT?

A

Under 20’s
0-150 mcg - infringement notice and demerits.
Over 150mcg - summons, S121

20 and over
251-400 - infringement notice and demerits
400+ - summons, S121

25
Q

After advising the driver of a failed EBT result, what option must you give them?

A

The option of electing for blood testing.

26
Q

How long is a driver allowed to decide if they want to elect blood testing?

A

10mins, but we give 12mins to be safe.

27
Q

If they do elect bloods what must you do next?

A

request a medical practitioner

28
Q

If they refuse bloods what do you do?

A

take the lowest score of the Evidential breath test

If 251mcg to 400mcg, issue infringement, Section 121 12 hours and demerits.

If over 400mcg, suspend license a for 28 days section 95 , section 121 12 hours forbid, summons.

If over 650 suspend licence

if they have refused breath aswell then you arrest for failure to give blood.

If over 400mcg per litre and convicted of 2 related offence in the last 4 years then can section 96 seize car too.

29
Q

If the medical practitioner arrives and the driver changes their mind and refuses to give blood, what do you do?

A

Arrest for failure to give blood.

30
Q

If blood is successfully taken, what do you do?

A

Package it and courier off to EST awaiting results, also section 121 forbid the driver to driver for 12 hours.

31
Q

If results come back with blood alcohol over 130mg per 100ml of blood, then what do you do?

A

summons, and section 95 suspend license.

if over 80mg per 100ml and two relevant offences in the last 4 years you can section 96 seize vehicle also.

32
Q

What are the four arrestable offences relating to EBA?

A

Failure to remain for the result of a breath screening test.

Failure to accompany

Failure to give blood when required by a law enforcement officer

Failure to give blood when requested by a medical practitioner.

33
Q

If someone refuses a passive breath test or breath screening test, what do you do?

A

Require them to accompany for an EBT, blood test or both.

If they still refuse, then arrest for failure to accompany.

34
Q

If some one accompanies you then refuses to undertake an EBT what can you do?

A

request blood test, if they refuse that, then arrest for failure to give blood when required to by a law enforcement officer.

35
Q

If you believe the driver is on drugs (illegal, Kava and prescription) and is incapable of having proper control of a vehicle, what can you do?

A

Drugs Compulsory impairment test, if the driver fails the CIT or refuses you can request blood.

Arrest under section 58 for clinical examination.
constable can also request blood if the medical practitioner believes the driver is under the influence or if the driver refuses to do the test.

If the driver refuses bloods then you can arrest under refusing to give blood.

36
Q

In what circumstances can we request a medical doctor to take blood from an unconscious person without consent.

A

Reasonable grounds to suspect they are in hospital as a result of a motor vehicle accident.

37
Q

Is a reading of 650 mcg per litre of breath on an EVT sufficient to evoke section 95?

A

no must be 651+ or over 650.

38
Q

If an under 20 records 400mcg per litre of breath or over 80mg per 100ml of blood what happens in regard to charging?

A

The under 20 year old is charged as an adult under section 56.

39
Q

What are the two EBA age brackets

A

Under 20.

20 years and over.

355 (38 decks)

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