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POLICE > Drink/drug Driving Investigation > Flashcards

Drink/drug Driving Investigation Flashcards

1
Q

Section 4(1) RTA

A

A person who drives or attempts to drive or is in charge of a MPV on a road or other public place whilst unfit through drink or drugs commits an offence

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2
Q

Section 5 RTA

A

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 blood or breath or urine exceeds the prescribed limit commits an offence

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3
Q

Section 6 RTA

A

A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requierment imposed under this section

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4
Q

Section 6(2) RTA

A

Driving with alcohol/drugs in body

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5
Q

Section 6(3) RTA

A

Has been driving with alcohol/ drug in body

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6
Q

Section 6(4) RTA

A

If he has been driving and committed a moving traffic offence

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7
Q

Section 6(5) RTA

A

Driving at the time an accident occurred

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8
Q

Attempt to drive

A

An attempt is an intention to do something
Coupled with actions directed towards accomplishing the event which is more than merely preparatory to the commision of the offence

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9
Q

In charge

A

A close connection between the defendant and control of the vehicle is required

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10
Q

What is a motor vehicle

A

A mpv intended or adapted for use on roads

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11
Q

Section 4RTA

A

Offences of being unfit to drive through drink or drugs

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12
Q

Points to prove

A

Sufficent to prove that the persons ability to drive was impaired because of consumption of drink (alcohol) or drugs

Evidence required is similar to that required to prove drunkeness

Doctors opinions and your observations will be important

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13
Q

Section 5(1)(a) RTA

A

Relates to driving & attempting to drive

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14
Q

Section 5(1)(b) RTA

A

Relates to being in charge of

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15
Q

Prescribed limit:alcohol

A

Breath- 35 microgrammes of alcohol in 100 millitres of breath
Blood- 80 milligrammes of alchol in 100 millitres of blood
Urine- 107 milligrammes of alcohol in 100 millitres of urine

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16
Q

Section 5 RTA defence

A

A defence for a person charged with an offence to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no liklehood of him driving the vehicle whilst the proportion of alcohol in his breath, blood, urine remained likely to exceed the prescribed limit

17
Q

Section 5A RTA

A

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 a specfied controlled drug, they are guilty of an offence if the proportion of the drug in their blood or urine exceeds the specified limit for that drug

18
Q

Prescribed limit: drug

A

Cocaine- blood limit 10 microgram per litre

Cannabis- 2 micrograms per litre

19
Q

What is sam

A

Police officers can only test a person for alcohol or drugs if
Suspect driver may be under the influenfe of alcohol/drugs
Accident occurs where the vehicle has been involved in a toad traffic collision
Moving traffic offence has been committed

20
Q

Preliminary tests

A

Roadside breath test
Approved by secretary of state
Indicates if proportion of alcohol in breath exceeds the prescribed limit

21
Q

Where can preliminary test take palce

A

Tests in respect of sub sections 6(2)-6(4) can be adminstered at the roadside
Tests in respect of sub-section 6(5) can be administered at a police station if officer feels necessary

22
Q

What should you consider?

A

When did they last consume alcohol?
Have they used any breath freshening sprays recently?
Have they smoked recently?

23
Q

How long should you wait the driver drinks alcohol whilst still driving

A

20 minutes

24
Q

Preliminary impairment tests

A

Unfit to drive through drink or drugs
Series of physical and psycho-motor tests administered by specially trained officers
Test may be carried out at the scene or at a police station

25
Q

Section 6(6) RTA

A

A person commits an offence if without reasonable excuse they fail to co-operate with a preliminary test

26
Q

What is reasonable excuse

A

Physical or mental inability to undertake the test

Unable to understand the requirment to take the test

27
Q

Section 6(d)(1)RTA

A

A constable may arrest without warrant if as a result of a preliminary breath test, the constable reasonbly suspects that the proportion of alcohol in the persons breath or blood exceeds the prescribed limit

28
Q

Section 6(d)(2)RTa

A

A constable may arrest without warrant if the person fails to co-operate with a preliminary test in pursuance of a requirment imposed under section 6 and the constable reasonbly suspect that the person has alcohol or drug in his body or is under the influence of a drug

29
Q

Section 9 RTA

A

While a person is at a hospital as a patient he shall not be required to co operate with a prelimianry 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 requirment and A) if the requirment is then made is 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 requirment shall not be made

30
Q

Section 7 RTA

A

Provides that in the course of an investigation into an offence under sections 3A,4 or 5 at a police station a driver can be required to provide:
2 specimens of breath for analysis by means of an approved breath test machine or
A specimen of blood or urine for a laboratory test

31
Q

Police detention

A

A person required under section 7/7A to provide a specimen of blood, breath or urine may afterwards be detained at a police station if a constable has reasonable grounds for believing that:
Were that person to then drive, or attempt to drive a mechincally propelled vehicle on a road, he would commit an offence under section 4,5 or 5A of this act

32
Q

Section 6E RTA

A

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 motor vehicle at the time of the accident, to provide a preliminary test or
Arrest a person who has provided a positive breath test/drug test or
Arrest a person who has failed to co-operate with a requirment to take one or more of the preliminary tests and who the constable reasonbly suspects has alcohol or a drug in their body or is under the influence of a drug

POLICE (56 decks)

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