Traffic Day 5 Flashcards
What is Section 6 RTA 1988
Power to Require Preliminary Test
• (2)- DRIVING with ALCOHOL/DRUGS in body
• (3)- HAS BEEN driving with alcohol/drugs in body
• (4) IS or HAS BEEN driving and committed a moving TRAFFIC ACCIDENT
• (5) DRIVING at the time an ACCIDENT occurred
When can you test a person for alcohol/drugs?
Think ‘SAM’
• Suspect driver in under the influence
• Accident occurs where the vehicle has been involved in a RTC
• Moving Traffic Offence has been committed
Considerations for a breath test?
• Last consumed alcohol?- wait 20 mins
• Used any freshening spray?- make note and a couple of breaths
• Recently smoked?- couple of breaths
What is section 6(6) RTA 1988?
Failing to provide
• Commits an offence without reasonable excuse
• Fails to co-operate with prelim test
Section 4 RTA?
UNFIT to drive through drink and drugs
Section 4(1)?
•DRIVES or ATTEMPTS to drive a MPV
• on a road or other public place
• whilst unfit through drink/dugs
Section 5?
DRIVES or ATTEMPTS to drive a vehicle, whilst over the alcohol limit
What are the limits for alcohol?
Breath, Blood, Urine
• Breath- 35
• Blood- 80
• Urine- 107
Section 5A?
Driving whilst over the limit on prescribed drugs
Powers of arrest
Section 6D(1)?
• Arrest without warrant
• As a result of prelim breath test
• Constable reasonably suspects over the limit on ALCOHOL
Powers of arrest
Section 6D(2)?
• Fails to cooperate with prelim test
• reasonably suspects under the influence or alcohol/drugs
Section 7
Police Station Procedure
If under investigation, required to provide
• 2 specimens or breath or
• Blood or urine sample
Section 9 RTA?
Hospital Procedure
•With doctors consent
• Allow samples to be taken by the POLICE SURGEON
Section 6E?
Power of Entry
• Conduct a prelim test
• Arrest a person for a positive test
• Arrest for failing to cooperate with a prelim test
