Flashcards in Drink, Drugs And Driving Deck (43):
What are the differences between unfit and over the limit for alcohol/drugs when it comes to MPV and motor vehicles?
Unfit through drink or drugs is MPV and the others are motor vehicle
Is it believe or suspect that the person has driven or attempted to charge or been in charge of a motor vehicle whilst over prescribed limit/unfit?
Neither - it must be proven that the person has driven...
Is it an offence to drive over the limit on private land?
Does insulin count as unfit?
Yes if there is clear evidence of an overdose
Can a doctor or medical expert give evidence even if the suspect refused to be examined in drink drive cases?
Yes - they can give evidence as to their fitness.
I am pissed and sleep in my car. I am arrested for drunk in charge. Am i guilty?
I would have to prove on the balance of probabilities that at the time, the circumstances were such that there was no likelihood of them driving, so long as they remained unfit through either drink or drugs.
A court may disregard any injury to me or damage to my car in determining whether i was likely to drive.
Under section 17, what powers of entry and search are afforded to me for road traffic offences>
Section 4 RTA - driving whilst unfit
Section 163 RTA - failing to stop when required by a Constable in uniform
Provided i have rgb that the person sought is on the premises
What are the legal limits?
35 - breath
80 - blood
107 - urine
All add to 8
Do i have to prove how far the suspect has exceeded the legal limit with an exact figure?
No - just that it was exceeded
Who is eligible for the high risk offender scheme for drink drivers?
Those that are more than two and a half times over the limit or the conviction is their second or more in ten years.
Anyone in this must undergo a medical prior to being allowed to regain their licence.
what are the defences to drug driving?
1. On the balance of probabilities they were unlikely to drive if drunk in charge
2. That the drugs were prescribed or supplied for medical or dental purposes and that they followed the directions from person prescribing or instructions on pack and the possession of the drug was not unlawful
Suspect is charged for drug driving. Suspect was proscribed medication. How does the burden of proof work?
If the defence can adduce sufficient evidence to raise a doubt that their defence is true, then the burden shifts to the prosecution to disprove it beyond all reasonable doubt.
What is the difference suspicion or belief element to requesting a test?
Suspect for all apart from accident - then it is KNOW that an accident has taken place and BELIEF that they were driving.
I require someone to provide me with a specimen of breath. However they swear and although they don’t refuse, their attitude suggests that they are not willing to provide one. Is this sufficient to prove failing to provide?
Yes - a persons attitude or conduct after being required to give a breath specimen may be sufficient to make out the offence and evidence of the officer witnessing the attitude or conduct will suffice as proof that it amounted to a failure or refusal.
Can you arrest someone that just fails to provide?
Only if the Constable suspects that the person has alcohol in their body, has a drug in their body or is under the influence of a drug.
Can you arrest for failing to provide at a hospital?
What are the powers of entry following an accident?
A Constable KNOWS there has been an accident
They BELIEVE the suspect has been driving/attempted etc of a MOTOR VEHICLE
They SUSPECT that the accident involved injury to the driver or any person
They may enter any place to:
- impose a requirement for a test
- arresting a person if as a result of a test, they suspect over the limit
- arresting someone that has failed to cooperate with a test where the officer suspects alcohol/drugs
A suspect is stopped by police and walks onto the driveway of another. Can the officer require a sample of breath or are they a trespasser?
A police officer has an implied licence to be on a persons driveway or doorstep until the license is withdrawn by the owner (told to leave).
At this point they trespass and they cannot make a requirement for a test and any arrest will be unlawful.
Must Constables always be in uniform to make the requirement to provide?
Yes unless it is an accident, then the requirement can be made by an officer not in uniform
How many evidential samples of breath must be made?
2 - any lower and it is failure to provide
There are 5 situations where we take blood or urine instead of breath. What are they?
Medical reason - rgb that for medical reasons it cannot or should not be provided
Intoximeter unavailable or impractical
Intoximeter unreliable - specimens obtained but Constable has rgb it has produced an unreliable reading
Believe drug in system - rgb
Medical advice RE drugs - the Constable has been advised by a medical practitioner that their condition is due to a drug
What happens if someone provides a specimen of breath but i think the machine is talking bollocks?
If i have rgb that the intox is unreliable, then i can go to urine or blood
My suspect is struggling to breathe and i have rgb that a specimen of breath cannot or should not be requested. Do i need medical opinion before i request blood or urine?
Is being too drunk a medical reason for not providing a breath sample and therefore blood/urine should be taken?
Suspect arrested for drink drive. No trained officers available. Now what?
It is impractical and therefore goes to blood or urine
If the intox is faulty, could a suspect be transferred to another station to do the procedure?
Who decides whether we take blood or urine?
I do however a medical person can overrule me if they have been asked to take it and their opinion is that a specimen of blood should not be taken for medical reasons.
Their decision can however be overruled if it is a registered health care professional. A registered medical practitioner is higher and can overrule them.
Should the fact that someone is scared of needles be taken into consideration as to whether we take blood?
I have decided to take blood. Must i ask the suspect whether they have any medical conditions?
Yes - must ask them and if the condition is reasonable, then offer urine. If the grounds are unreasonable, take a blood sample unless the person doing the sample objects.
Does the defendant have a right to part of the urine sample?
There is no free standing right for the defendant to be informed of their entitlement to part of the sample
must the suspects urine be divided up in their presence?
No- it must be divided ‘at the time’ but nothing says in their presence
How many specimens of urine must be taken?
2 distinct specimens from 2 separate acts of urination. You cannot just divide up 2 pots from one urination.
How long does the suspect have to urinate?
One hour - anyone outside of this will be charged with fail to provide.
The suspect has got to an hour however the Constable thinks they want to give them an extra ten minutes to provide a urine sample. Is this permitted?
Yes - they can extend it but don’t have to. If they do, it does not mean the sample is inadmissible.
Lucy has had a crash and is unconscious. Can we get a sample of blood?
Yes provided it has not been blocked by a medical practitioner
Who can be requested to come and take the sample of someone incapacitated after an accident?
Police medical/healthcare practitioner
Unless it is not practicable to request or take the specimen
Then any non-police practitioner can as long as they do not have responsibility for their care
A sample has been obtained from an incapacitated person from hospital. Must the practitioner give you the sample?
Only if they see fit to do so
I have taken blood. The person later wakes up in hospital. Do i need to inform them of anything?
Yes i have to tell them blood was taken, ask them permission for the specimens to be tested and warn them of the consequences of refusing.
They can have legal advice first as the specimens has already been obtained.
Can we keep a drink driver in custody without charge if they are still drunk?
Section 10 of the Road Traffic Act 1988 allows for the detention of a person who has provided a specimen of breath, blood or urine, until it appears to a constable that were the person to drive a mechanically propelled vehicle on a road, he or she would not be committing an offence. The power does not apply if it appears to a constable that there is no likelihood of the person driving such a vehicle on a road. There is no mention of a person having been charged or reported for an offence, merely that they have been required to provide the relevant sample.
Under s. 10(3), a constable "must" consult a medical practitioner on any question arising under this section whether a person’s ability to drive properly is or might be impaired through drugs. The constable must act on such advice. This is mandatory.
If Lucy buys me a drink in a club, is there any obligation on me to check whether it contains alcohol if i am driving?
Where a person has been charged with driving whilst exceeding the prescribed limit, the Divisional Court has held that there is "some" positive duty on a person to enquire whether a drink contains alcohol before drinking it if that person intends to drive afterwards (see "Robinson v DPP"  EWHC 2718);
Must you give a warning about failing to provide before charging someone?
Yes - someone must (custody sgt/Constable)
Can you request samples from people not driving motor vehicles?
No - must be a motor vehicle
E.g - dumper truck - only section 4 arrests apply