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ROAD POLICING > RP02 Excess Breath Alcohol > Flashcards

RP02 Excess Breath Alcohol Flashcards

1
Q

What sheet/notice must you fill out in relation to EBA procedure and why?

A

Breath and Blood Alcohol Procedure Sheet (POL515)

Because if a driver pleads not guilty you need to give very detailed evidence.

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2
Q

Summary of driving offences for drivers 20 years and over

A
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3
Q

Summary of driving offences for drivers under 20 years

A
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4
Q

Five ways of when to conduct a breath test

A

1 - Any driver of a motor vehicle on any road (random stopping) OR

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 LTA 1998 that involves driving of a motor vehicle

4 - A driver of a motor vehicle involved in a motor accident OR

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

s68(1)(a) -> s68(1)(b) -> s68(1)(c)

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5
Q

Three types of alcohol testing?

A

Passive > Breath Screening Test (BST) > Evidential Breath Analysis (EBA)

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6
Q

Procedure for carrying out Passive Breath Test

A
  1. Introduce yourself and tell them you are conducting a test to establish the presence of alcohol on their breath
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7
Q

Procedure for carrying out Breath Screening Test

A

Verify their age and then

“I require you to undergo a breath screening test without delay”

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8
Q

What do you do if the person fails or refuses the BST?

A

“I now require you to accompany me to the Wellington Central Police Station or other such place for the purpose of an evidential breath test, blood test, or both”

As you are now detaining the driver, you must inform them of their Rights Caution.

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9
Q

What are the three extra lines in the Rights Caution for detaining someone for the purpose of carrying out an EBA?

A

…

“These rights will continue throughout the breath or blood alcohol testing procedures”

“If you wish to speak to a lawyer a telephone will be made available to you for that purpose as soon as practicable”

“You will be allowed a reasonable time to consult and instruct a lawyer from the time a telephone is made available to you”

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10
Q

Now that the person is detained, where does your right and obligations to search them come from?

A

Right to search - s85 Search and Surveillance Act 2012

Obligation of search - s125 (RAN) Search and Surveillance Act 2012

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11
Q

What do you do if someone refuses to accompany you for a EBA?

A

Warn them that they may be arrested for ‘Failing to acoompany you’ but if they are arrested, bail will be considered (Auckland CC v Dixon).

If they still refuse, arrest them and return to the police station and carry on with EBT procedure.

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12
Q

How long is reasonable to wait for contact to be made with a lawyer?

A

The Hight Court has ruled that five minutes is sufficient time to wait as long as the person is given the opportunity to contact a lawyer.

H v Police 2004

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13
Q

Procedures for carrying out an Evidential Breath Test (EBT)

A

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

If they refuse, request a blood test.

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14
Q

How many times may you attempt the breath test for the EBT?

A

Three attempts before going to blood testing procedures.

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15
Q

What is the ten-minute period?

A

After explaining the Advice of Positive Evidential Breath Test from the procedure sheet the period of time following a breath test for an EBT where the driver can decide whether to have a blood sample taken.

To avoid dispute, Police policy is to give 12 minutes.

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16
Q

Explain power to suspend licence

A

s95 LTA 1998

Mandatory 28 day suspension of a drivers licence in the following circumstances:

  • Breath alcohol over 650mcg/L of breath
  • Blood alcohol over 130mg/100ml of blood
  • Breath alcohol over 400mcg/L of breath AND convicted for any ‘relevant offence’ within four years
  • Blood alcohol over 80mg/100ml AND convicted for any ‘relevant offence’ within four years
  • Failed or refused blood test under section 72 or 73 if this act at the request of an enforcement officer or authorised medical person OR at hospital
17
Q

What are ‘relevant offences’ when considering whether to suspend a licence?

A

Relevant offences are excess breath alcohol type offences;

  • s56(1) excess breath alcohol >400
  • s56(2) excess blood alcohol >80 -s57 only relevant for s96 -s57A
  • s58(1) incapable of proper-control under the influence of drink or drug
  • s60(1) failed or refused to give blood
  • s61(1) caused death or injury with EBA
  • s61(2) caused death or injury while incapable
  • Note: Youth-level convictions do not count as relevant convictions*
18
Q

Do youth-leave convictions count toward ‘relevant offences’ for suspending/impounding?

A

No

19
Q

Do you have a choice to use your discretion for suspending/impounding under s95/s96 LTA 1998?

A

No, these are mandatory powers which must be used.

20
Q

Explain power to seize and impound vehicle

A
  • Breath alcohol over 400mcg/L of breath and has two previous convictions for a relevant offence within four years
  • Blood alcohol over 80mg/100ml of blood and has two previous convictions within four years
  • Failed or refused s72/s73 of this act at the request of an enforcement officer or authorised medical person OR at the hospital AND has two precious convictions for any relevant offence within four years
21
Q

What are the four EBA offences?

A
  1. Fails or refuses to remain
  2. Fails or refuses to accompany
  3. Fails or refuses to give blood when required by an Enforcement Officer
  4. Fails or refuses to give blood when requested by a Medical Practitioner

All of these have the power of arrest.

22
Q

Explain the offence of ‘Driving under the influence of drink or drug’

A

1/#2 - three months imprisonment, $4,500 fine, disqualification of six months

s 58 - For when a driver appears intoxicated but doesn’t smell of liquor or are so intoxicated that they cannot undergo an EBA procedure.

  1. Drives or attempts to drive a motor vehicle
  2. Under the influence of
  3. Drink, drug or both
  4. To such an extent as to be incapable of having a proper control of the vehicle

Offence

23
Q

When can you issue a summons?

A

When a person accepts the breath test reading and is not arrested.

Must wait until after the 12 minute period otherwise it could be classed as pre-judging.

24
Q

If a person is unconscious can you take blood?

A

Yes, but only if the doctor says yes in case it’s detrimental to the person.

25
Q

You are waiting for the results of a BST and the driver runs off, what can you arrest them for?

A

Failing to remain for the result of a breath screening test

26
Q

When can you require a person to accompany you?

A
  • The driver or person being tested fails or refuses to blow into the breath screening device.
  • No breath screening device is available (after you have made a diligent effort to obtain one).
  • If the person is 20yrs or over and the test reading is “OVER 400” or “250+ OVER”
  • If the person is under 20 years of age then test readings -

− “UNDER 250”

− “250 + OVER”

− “Over 400”.

27
Q

Section 58, LTA 1998

A
  1. Driver drives or attempts to drive
  2. Under influence of drink or drug or both
  3. To such a extent as to be incapable of having PROPER CONTROL of the vehicle

Note: This offence doesn’t require to be over the legal limit and is used when drinking has obviously adversely affected their ability to drive.

28
Q

Does a driver always need to be over the legal limit for an alcohol-related offence?

A

No, under s58 you do not not need to prove they were over the limit.

ROAD POLICING (3 decks)

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