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Class 362 final exam - powers and law combined > Traffic PCA > Flashcards

Traffic PCA Flashcards

1
Q

What are the PCA ranges and where are they found in legislation?

A

Road Transport Act 2013 Section 108

Ranges are:
Novice Range - 0.001 - 0.019
Special Range - 0.020 - 0.049
Low Range - 0.050 - 0.079
Mid Range - 0.080 - 0.149
High Range - 0.150+

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2
Q

What offence does a person commit if prohibited drugs are found to have been in their blood when they were driving?

Where in legislation is this offence, and what are its elements?

A

Road Transport Act 2013 Section 111

Elements:
- accused
- had in their saliva, bloor or urine a prescribed illicit drug
- while driving, occupying driver’s seat attempting to put vehicle in motion, or supervising a learner driver from the driver’s seat

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3
Q

Where is the offence of Driving under the Influence found and what are the elements?

A

Road Transport Act 2013 Section 112

Elements:
- Accused
- was under the influence of alcohol or any other drug
- while driving, occupying driver’s seat attempting to put vehicle in motion, or supervising a learner driver from the driver’s seat

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4
Q

What are the main occasions when police conduct breath tests?

A
  1. Random Breath Testing (mobile or stationary)
  2. Collisions
  3. Manner of driving
  4. Breach of road rules (traffic offence).
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5
Q

What are the two types of breath test and when are they conducted and when should they not be conducted?

A

Passive
- Generally the initial test at an RBT
- It is only an indication of the presence of alcohol
- If there is presence of alcohol police conduct a standard test to confirm

Standard
- after a positive passive test
- when police already suspect the driver has consumed alcohol, or driver admits this
- in windy conditions

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6
Q

Where does the power to conduct random breath tests come from?

A

Road Transport Act 2013, Schedule 3, Clause 3
power to conduct random breath testing

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7
Q

When can police not conduct a breath test?

A
  • If the driver has been admitted to hospital where blood sample has been take and the doctor says ‘no’
  • If it is dangerous for the persons health/condition due to injury or illness
  • Any time after the expiration of 2 hours after the collision which brought the driver under notice
  • At the person’s place of abode (within their driveway or curtilage of their home.)
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8
Q

When may police arrest for breath analysis? Where in legislation is this power?

A

Road Transport Act 2013, Schedule 3, Clause 4

Police can arrest for breath analysis after a driver has failed or refused to take a standard breath test.

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9
Q

Where is the power for police to conduct a sobriety assessment and what can this assessment include?

A

Road Transport Act 2013, Schedule 3, Clause 13 empowers police to conduct a sobriety assessment.

A sobriety assessment is an observation made by police that assesses a persons:
- Breath
- Face
- Eyes
- Speech
- Actions/Movements
- Clothing
- Attitude
- Slightly, moderately or well affected by intoxicating liquor

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10
Q

Where is the power to arrest for a blood and urine sample come from?

A

Road Transport Act 2013, Schedule 3, Clause 14

Police can arrest for blood/urine test after a driver has failed or refused a sobriety test.

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11
Q

Where is the power to arrest anyone involved in fatal / likely fatal collision come from?

A

Road Transport Act 2013, Schedule 3, Clause 12

Power to arrest persons involved in accidents resulting in death for purpose of blood and urine testing

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12
Q

When can police officers suspend a person’s license?

Where in legislation does this power come from?

A

Road Transport Act 2013, Section 224

  • detect Novice Range PCA
  • detect Special Range PCA
  • detect Low Range PCA
  • detect Mid-Range PCA
  • detect High Range PCA
  • Refuse Breath Analysis
  • Wilfully Alter Concentration of Alcohol
  • Refuse/hinder blood sample (crash patients)
  • Any indictable (driving ) offence causing GBH
  • Any indictable (driving) offence causing death
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13
Q

What are the time constraints for conducting breath tests and breath analysis?

A

Breath tests and breath analysis must both be conducted within 2 hours of the incident which brought the driver to notice

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14
Q

Where is the offence of prescribed concentration of alcohol in breath/blood and what are the elements?

A

Road Transport Act 2013 Section 110

Elements:
- accused
- had a [novice/special/low/mid/high range] prescribed concentration of alcohol in their blood/breath
- while driving, occupying driver’s seat attempting to put vehicle in motion, or supervising a learner driver from the driver’s seat

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15
Q

SECTION KNOWLEDGE TEST:
What are the key sections of the Road Transport Act that relate to PCA and DUI offences, and police powers to test for and punish these?

A

Road Transport Act 2013
S108 - PCA ranges (grams alcohol per 210mL of breath)
S110 - PCA offences
S111 - presence of drug in blood/urine
S112 - DUI offence
S224 - police power to immediately suspend license

Sch 3, cl 3 - power to require breath test
Sch 3, cl 4 - power to arrest for breath analysis test following failed/refused breath test
Sch 3, cl 5 - power to require breath analysis test following positive breath test
Sch 3, cl 12 - power to arrest for blood and urine testing if crash fatal / likely to be
Sch 3, cl 13 - power to require sobriety test
Sch 3, cl 14 - power to arrest for blood/urine test following failed/refused sobriety test
Sch 3, cl 15 - power to require blood/urine test at hospital following cl 14 arrest

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16
Q

What steps should police go through when they suspect a driver may be under the influence of drugs or alcohol?

A
  • Require that driver conduct passive breath test first (skip this if windy, suspect alcohol influence already)
  • If positive or they refuse, issue form of demand and conduct standard breath test
  • If register in PCA range or refuse standard breath test, arrest for breath analysis at station
  • convey to station and require driver to undertake breath analysis (must occur within 2hr of incident that caused driver to come to notice)
  • If fail breath analysis charge with s110 PCA offence; if refuse breath analysis, can suspend license
  • If driver passed standard breath test (no PCA result) but officer believes on reasonable grounds they are under influence of drugs, give form of demand for sobriety test and conduct this
  • If fail or refuse sobriety test, arrest and convey to hospital for blood and urine analysis (for drugs only)
  • Once at hospital, direct driver to comply with hospital staff to provide a sample of blood/urine at hospital (4hr time limit on this from incident)
  • if drugs detected, charge with s111 presence of drugs while driving offence. If not, consider s112 DUI charge based on failed sobriety test.

Class 362 final exam - powers and law combined (11 decks)

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