Traffic Day 5 Flashcards
Section 6 road traffic act 1988
A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section
Section 6(2) road traffic act
Driving with alcohol/drug in body
Section 6(3) road traffic act 1988
Has been driving with alcohol/ drug in body
Section 6(4) road traffic act 1988
If he has been driving and committed a moving traffic offence
Section 6(5) road traffic act 1988
Driving at the time an accident occurred
What is SAM?
Police officers can only test a person for alcohol or drugs if:
Suspect driver may be under the influence of alcohol/ drugs
Accidents occurs where the vehicle has been involved in a road traffic collision
Moving traffic offence has been committed
What is preliminary tests?
Roadside breath test
Indicates if proportion of alcohol in breath exceed the prescribed limit
6(2) and 6(4) can be administered at road side
6(5) can be administered at a police station if officer feels necessary
Considerations?
When did they last consume it?
Have they smoked recently ?
Have they used any ‘breath freshening’ sprays recently?
If a person alleges they have had a drink since the incident what do you do?
Back calculation
Section 6(6) road traffic act 1988
A person commits an offence, if without reasonable excuse they fail to co-operate with a preliminary test in pursuance of a requirement imposed under this section
Section 4 road traffic act 1988- offences of being unfit to drive through drunk or drugs
A person who drives or attempts to drive or is in charge of a mechanically propelled vehicle on a road or other public place whilst unfit to drive through drink or drugs commits an offence
Section 5 road traffic act 1988- offences involving the proportion of alcohol/drugs in the body as measured in breath, blood or urine
A person who drives or attempts to drive or is in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceed the prescribed limit commits an offence
Prescribed limit: alcohol
Breath limit- 35 micrograms in 100ml of breath
Blood limit- 80 milligrams in 100mls of blood
Urine- 107 milligrams in 100ml of urine
Section 5A road traffic act 1988/ being over the prescribed limit: drugs
Where a person drives or attempts to drive or is in charge of a motor vehicle on a road or other public place and there is in that persons body as specified controlled drug they are guilty of an offence if the proportion of the drug in their blood or urine exceed the specified limit for that drug
Prescribed limit: drugs
Cocaine- blood limit 10 micrograms per litre of blood Delta 9 (THC) cannabis- blood limit 2 micro grams per litre of blood
Powers of arrest section 6D(1) 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 that the proportion of alcohol in the persons breath or blood exceeds the prescribed limit
Section 6D(2) road traffic act 1988
A constable may arrest a person without warrant if
The person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6 and the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug
Section 9 road traffic act 1988- hospital procedure
While a person is at a hospital as a patient he shall not be required to co-operate with a preliminary test or to provide a specimen unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement and
A) if the requirement is then made it shall be for co-operation with a test administered or for the provision of a specimen at the hospital but
B) if the medical practitioner objects on the ground specified in subsection (2) the requirement shall not be made
Section 6E road traffic act 1988- powers of entry- following accident involving person injury to any person
A constable may enter any premises using reasonable force if necessary in order to:
Require a person reasonably believed to have been driving, attempting to drive or in charge of a vehicle at the time of the accident to provide a preliminary test or
Arrest a person who has provided a positive breath test or
Arrest a person who has failed to co-operate with a requirement to take one or more of the preliminary tests and who the constable reasonably suspects has alcohol or a drug in their body or is under the influence of a drug
