Alcohol and Drug Driving Flashcards
(17 cards)
What are the 5 ranges of a PCA offence?
s 110 (1) Novice range 0.00- <0.02
s 110 (2) Special range 0.02- < 0.05
s 110 (3) Low range 0.05- < 0.08
s 110 (4) Mid range 0.08-< 0.150
s 110 (5) High range greater than or equal to 0.150
What are the proofs required in PCA offences.
Road or road related area (not a proof, but require for powers)
Driver or supervisor
Attempt
Motor vehicle
What defence can be raised in relation to PCA and PIDs charges?
Honest and Reasonable Mistake of Fact.
PCA and PID offences are strict liability offences, however allows for defence to raise HRMofF.
Proudman v Dayman
If the facts as believed by the defendant were true, the accused would ha e committed no offence and not some other offence than the one charged
DPP v Bone
Defence available to PCA
- he or she is subjectively aware, because of experienced difficulties, that they might be over the range limit, allows for prosecution to negate in questioning- ask about experience with alcohol.
What does s 110 (6)-(7) of the RTA allow the court to do?
Allows for the court to provide an alternate verdict if the court is satisfied that the defendant has in his blood higher than the minimum amount but lower than what he was charged. No need to lay new charge
What is s 110 (8) of the RTA?
Defendant providing proof for a higher reading is not a defence, amend charge to reflect higher reading
What clause provides for when testing/analysis/assessment or sample taking is not permissible.
Clause 3(2), not permissible when:
- person admitted into hospital for medical treatment and medical practitioner made aware and does not object
- from sample of an accident, sample objects due to medical reasons
- appears to officer that injuries are too dangerous to submit the person to a breath test etc
- expiration of relevant period
- person is at their place of abode
What is Clause 3 (31) of Schedule 3 of the RTA?
In PCA proceedings, the concentration of alcohol is taken to be the concentration of alcohol in the persons breath or blood at the time of relevant occurrence- relevant periods
DPP v Bignill: deeming provisions only apply to prosecution
What are the relevant periods for RBT/BAS, oral fluids and blood?
Schedule 3 (2)
RBT/BAS- 2 hours
Oral- 2 hours
Blood - 2 hours
Name the 4 drugs in a PIDs test
THC
Speed
Cocaine
Ecstasy
What are the four pre-conditions for a sobriety assessment?
- Negative breath test (person doesn’t require BAS)
- Reasonable belief that the person is still under influence of a drug other than alcohol
- This belief is based on the manner in which the person drove, attempted to drive, behaviour and condition of the person at the time of the breath test
- Must be conducted near or at the place of breath test
What is the authority in Baulman v The Queen?
The sobriety test requires a conscious process of assessment and does not require the person to go through a specific test
What is Schedule 3 Clause 40 (1) of the RTA?
States that a person cannot be convicted of both DUI (s 112) or one other alcohol or drug related offence if it arises from the same circumstances (double jeopardy)
What is Clause 40(2)?
Allows for a person to be charged with both refuse sample and DUI alcohol
What is the authority in Thorpe v Shepherd?
Relates to wilfully alter (cl 18), the prosecution must prove that the person intended to alter the concentration and not merely not that they intended to consume some amount of alcohol after the triggering event
Explain Schedule 3 Cl 35 of the RTA
Certificate evidence about breath analysis, a certificate must be provided by a police officer and signed, certifying that the police officer is authorised to carry out breath analysis- person’s name, time, date place of the test carried out
What Clause give the power for a sobriety assessment?
Schedule 3, Clause 13. A police officer may direct the person to undergo sobriety assessment.
Must satisfy pre-conditions, fail sobriety assessment, taken to hospital for blood or urine test
What is Clause 38 of the RTA?
Gives power to police officer to submit a person to undergo both a random breath test AND random oral fluid test. However, if the person fails to stop, may be convicted of either fail to stop RBT or fail to stop ROFT, not both.
Can still charge for both
