Drug & Alcohol Driving Flashcards
(18 cards)
Name the section numbers and names for the three Alcohol and Drug Driving offences.
Section 110 PCA Prescribed Concentration of Alcohol.
Section 111 PID Prescribed illicit Drug
Section 112 DUI Driving under the influence of a drug or alcohol.
What are the 5 ranges of PCA?
Novice 0.001 - 0.019 Special 0.020 - 0.049 Low 0.050 - 0.079 Mid 0.080 - 0.149 High 0.150>
What case relates to H&RMOF?
Proudman v Dayman defence.
If the facts as believed by the defendant were true the accused would have committed no offence, and not some other offence than the one charged.
What does DPP and Bone say in relation to H&RMOF?
It is one thing to require drivers to be careful and to avoid risk but where a drink is spiked it is difficult to see how any driver can avoid the risk unless, of course, he or she is subjectively aware, because of experienced difficulties, that they might be over the lower range limit. So the prosecution will often be able to exclude the defence even in a case where drinks are spiked.
What does Section 110 (6) (7) say about alternate verdicts?
Alternative verdict when blood concentration of alcohol lower than charged.
Is there an offence if the reading is higher than the one charged?
No amend charge.
ie - Expert opinion.
What does Schedule 3 Clause 3 of the Road Transport Act 2013 give the police power to do?
(1) Police may require a person to submit to a breath test if they have reasonable cause to believe:
They are driving a motor vehicle on a road, or attempting to or;
Supervising a learner who is driving.
What does Clause 31 of Schedule 3 of the Road Transport Act 2013 say?
Evidence regarding BAS or Blood analysis.
The concentration of alcohol in the person’s breath or blood is taken to be at the time of the Clause 3 power, if the BAS or Blood sample was taken within 2 hours after the event. Unless defence proves otherwise.
What does Clause 35 of Schedule 3 of the Road Transport Act 2013 say?
A certificate purporting to be signed by a police officer certifying the following particulars (reading) is admissible in proceedings to which this clause applies and is prima facie evidence of the particulars certified.
What does Clause 18 say about Wilfully Alter Concentration?
(1) A person must not WILFULLY do anything
(a) To alter the concentration of alcohol in one breath or blood between the Clause 3 event and the time the person submits to the Clause 3 power.
(b) To alter the concentration of alcohol in one breath or blood between the Clause 3 event and the time the person submits to a breath analysis BAS.
What does Thorpe v Shepard say about wilfully alter concentration?
The prosecution has to prove that the person intended to alter the concentration, not merely that they intended to consume some amount of alcohol after the triggering event.
What are the four Prescribed Illicit Drugs?
THC
SPEED - Methlyamphetamine
Ecstasy - MDMA
Cocaine
Morphine can be relate to blood but not oral fluid testing.
What does Clause 38 say about breath testing and oral fluid testing?
Police may conduct random breath and oral fluid testing at the same time.
If person fails to stop for the test, police may charge with one or the other not both.
Clause 13 gives police the power to conduct sobriety testing. What are the four pre conditions?
- The person has undergone a breath test and returned a negative result.
- Reasonable belief the person is under the influence of drug other than alcohol.
- Belief based on behavior, condition or appearance at the time or after the Clause 3 event.
- Must be carried out at or near the place of Clause 3 event.
Section 112 requires a test on the driver or the driving?
The test is whether the person is under the influence, not whether the person’s driving was affected by a drug or alcohol.
Can an indictment under 112 DUI contain multiple drugs?
Yes.
Driving and attempting to drive under section 112 only requires vehicle, true or false?
True, vehicle only relates to if the person is supervising a driver of a motor vehicle.
What are the time limits for obtaining a breath test of blood and urine sample?
2 hours for a breath test.
4 hours for blood and urine.
