Drink/drug Driving Investigation

Question 1

Section 4(1) RTA

Answer 1

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

Question 2

Section 5 RTA

Answer 2

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

Question 3

Section 6 RTA

Answer 3

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

Question 4

Section 6(2) RTA

Answer 4

Driving with alcohol/drugs in body

Question 5

Section 6(3) RTA

Answer 5

Has been driving with alcohol/ drug in body

Question 6

Section 6(4) RTA

Answer 6

If he has been driving and committed a moving traffic offence

Question 7

Section 6(5) RTA

Answer 7

Driving at the time an accident occurred

Question 8

Attempt to drive

Answer 8

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

Question 9

In charge

Answer 9

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

Question 10

What is a motor vehicle

Answer 10

A mpv intended or adapted for use on roads

Question 11

Section 4RTA

Answer 11

Offences of being unfit to drive through drink or drugs

Question 12

Points to prove

Answer 12

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

Question 13

Section 5(1)(a) RTA

Answer 13

Relates to driving & attempting to drive

Question 14

Section 5(1)(b) RTA

Answer 14

Relates to being in charge of

Question 15

Prescribed limit:alcohol

Answer 15

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

Question 16

Section 5 RTA defence

Answer 16

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

Question 17

Section 5A RTA

Answer 17

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

Question 18

Prescribed limit: drug

Answer 18

Cocaine- blood limit 10 microgram per litre

Cannabis- 2 micrograms per litre

Question 19

What is sam

Answer 19

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

Question 20

Preliminary tests

Answer 20

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

Question 21

Where can preliminary test take palce

Answer 21

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

Question 22

What should you consider?

Answer 22

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

Question 23

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

Answer 23

20 minutes

Question 24

Preliminary impairment tests

Answer 24

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

Question 25

Section 6(6) RTA

Answer 25

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

Question 26

What is reasonable excuse

Answer 26

Physical or mental inability to undertake the test | Unable to understand the requirment to take the test

Question 27

Section 6(d)(1)RTA

Answer 27

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

Question 28

Section 6(d)(2)RTa

Answer 28

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

Question 29

Section 9 RTA

Answer 29

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

Question 30

Section 7 RTA

Answer 30

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

Question 31

Police detention

Answer 31

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

Question 32

Section 6E RTA

Answer 32

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