Traffic Flashcards
Can a police officer justify an arrest on the sole basis that it is necessary to do so to prevent the offence of driving without insurance being committed?
No
Preventing further offences is not one of the necessity criteria.
What are the 3 elements of the general rules for determining whether circumstances amount to driving?
Control of steering
Control of propulsion
Actions within the normal everyday meaning of driving
Under what circumstances would there be a defence to dangerous driving that was dangerous as a result of the driver becoming unconscious?
Sudden unexpected illness or injury
Under what circumstances would there be a defence to dangerous driving that was dangerous as a result of a fault on the vehicle?
Sudden and unexpected mechanical defect
What is the prescribed limit of alcohol in breath?
35 micrograms per 100 millilitres
What is the prescribed limit of alcohol in blood?
80 milligrams per 100 millilitres
What is the prescribed limit of alcohol in urine?
107 milligrams per 100 millilitres.
What is meant by the term unfit, in relation to s4 of the Road Traffic Act?
Where a persons ability to drive is for the time being, impaired by reason of drink or drugs
Explain the defence of automatism for s2 dangerous driving or s3 careless and inconsiderate driving.
This is the involuntary movement of a persons body or limbs. Must occur suddenly with little or no warning. Could be an epileptic fit or a wasp sting.
Explain the defence of ‘unconscious or sudden illness’ for s2 dangerous driving or s3 careless and inconsiderate driving.
This includes situations where a person suddenly becomes unconscious as a result if circumstances beyond their control, such a being hit on the head by a stone that has smashed through the window.
Explain the defence of ‘assisting in the arrest of offenders’ for s2 dangerous driving or s3 careless and inconsiderate driving.
A possible defence if someone intentionally shunted a suspects car off the road, in order to help the police arrest the suspect.
Explain the defence of ‘duress by threats’ for s2 dangerous driving or s3 careless and inconsiderate driving.
Suspect must be able to show that the driving was a result of a threat. Must not have voluntarily placed themselves under the threat, nor avoid the opportunity to escape from it.
Explain the defence of ‘duress by necessity’ for s2 dangerous driving or s3 careless and inconsiderate driving.
Suspect must be able to show that the driving was out of necessity in order to avoid death or serious injury to the self or anyone else and that they could not reasonably have been expected to act otherwise in the circumstances.
Explain the defence of ‘sudden mechanical defect’ for s2 dangerous driving or s3 careless and inconsiderate driving.
As it says - sudden mechanical defect, does not apply if the driver is already aware of the defect or could have easily discovered it by superficial examination ie tyres.
Explain the defence of ‘authorised motoring event’ for s2 dangerous driving or s3 careless and inconsiderate driving.
Cannot be guilty of s1/s2/s3 if driving with authorisation for the motoring event given by the secretary of state.
