Drink drugs and driving

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Question 1 of 15
1. Question
A diabetic injects himself with insulin. Later that day he is involved in an accident. Is insulin a drug in these circumstances?
- Insulin is a dug and when taken in such quantity is evidence of impairment.
- Insulin injected by a diabetic causing a hypoglycaemic attack is not sufficient evidence to cause the magistrate’s to convict for drink drug driving.
- When taken as prescribed medication insulin is not a drug for the purposes of S4(2) of the Road Traffic Act 1988.
- Self prescribed insulin use does not amount to a dug when taken in such quantity as not amounting to impairment.
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Question 2 of 15
2. Question
Can a member of the public give evidence of a driver’s ability to drive?
- Only an expert can give evidence of impairment, that is a doctor, breath test analysis, or blood analysis.
- Opinion evidence of the defendant’s state or the amount drunk by the defendant, and his ability to drive may be given by a ‘lay’ witness.
- Opinion evidence of the defendant’s state or the amount drunk by the defendant may be given by a ‘lay’ witness, but he cannot give evidence of his ability to drive.
- A ‘lay’ witness may give evidence of a person’s ability to drive based on observation, conversation and knowledge of what he had to drink.
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Question 3 of 15
3. Question
Smith provides a negative breath test following an accident. A drug test proves negative. His speech is slurred and he is unsteady on his feet. What advice would you give an officer at the scene.
- Arrest the driver under S4(2) of the Act as being drunk in charge of a mechanically propelled vehicle when unfit through drunk or drugs.
- Where drink/drug prove negative the driver should be released and in the event of his driving or attempting to drive he may be stopped and tested again.
- The driver should be released if there is no evidence of a likelihood of his driving.
- The driver is free to go following negative breath/drug tests if he can prove that there is no likelihood of his driving, eg where a friend has arrived to take him home.
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Question 4 of 15
4. Question
Carter appears before the court charged with being drunk in charge. He was arrested whilst getting into his car and was in possession of the keys. His left leg was broken and the rear near side wheel had been stolen. Does he have the defence of no likelihood of his driving in these circumstances?
- Where it can be shown that in the absence of police intervention there was no likelihood of his driving the defence would not succeed.
- Where driving is unlikely due to damage or injury, the onus of proof that there was a likelihood of driving lies with the prosecution.
- Where damage to the car or injury to the defendant is such that driving is clearly impossible then a defence of no likelihood of driving would succeed.
- The court may, in determining whether there was such a likelihood, disregard any injury to him or damage to the vehicle.
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Question 5 of 15
5. Question
What advice would you give a constable concerning breath test following an accident?
- The officer must be in uniform, he must believe that an accident occurred and suspect the person was driving.
- The officer must be in uniform, he must suspect that an accident occurred and believe the person was driving.
- The officer must know that an accident occurred and suspect he was driving.
- The officer must know that an accident occurred and believe he was the driver.
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Question 6 of 15
6. Question
Smith crashes his car at 10am in Sainsbury’s car park. He breaks his arm and makes off on foot to his home address. What powers do the police have to enter to demand a breath test?
- Where a constable knows that an accident has occurred and he believes that Smith was the driver and he suspects personal injury to any person he may enter to demand a breath test.
- Where a constable suspects that an accident has occurred and suspects he is the driver and he believes there is any person he may enter to demand a breath test.
- Where a constable believes that an accident has occurred and he suspects he was the driver and suspects injury to any person he may enter to demand a breath test.
- Where a constable knows that an accident has occurred and he suspects he was the driver and suspects injury to any person he may enter to demand a breath test.
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Question 7 of 15
7. Question
Carter is arrested and taken to a police station where he gives two specimens of breath which are under the prescribed limit. The custody officer finds that the machine is not calibrated. What procedure should now be adopted?
- Where specimens provided fall below the prescribed limit, the arrested person shall be released from custody.
- Where the machine is found not calibrated correctly it is deemed not available and the driver should be taken to another police station to be tested.
- Where the machine is found to be faulty the driver should be given the option of providing blood samples.
- Where the machine is found to be faulty after samples have been taken the custody officer should recalibrate the machine and further samples taken.
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Question 8 of 15
8. Question
Following the breath test procedure Harris, who is still drunk, asks to be released as his solicitor has agreed to drive him home. What is the law on the matter of release.
- The defendant should remain in police detention until he provides a negative specimen of breath.
- The defendant may be released where the constable believes there is no likelihood of the defendant driving.
- The defendant should remain in custody unless he is able to provide evidence that he will not drive whilst impaired, eg, surrendering his car keys.
- The defendant may be released if the solicitor gives an undertaking that he will assure the defendant will not drive whilst impaired.
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Question 9 of 15
9. Question
Kelly, a patient at hospital, is found drunk in the hospital car park. When questioned he says he is going home. What evidence should be sought to establish if he is a patient and if he is in hospital?
- He may be breath tested where the constable has reasonable grounds for believing he is going home and has left the hospital.
- Enquiries should be made to establish if he is a patient (time of release/discharge from hospital records). The car park is part of the hospital.
- Evidence from the driver is sufficient to establish that he has discharged himself and the car park is not a hospital and he may be breath tested.
- Voluntary Failure to remain in hospital amounts to a discharge from hospital so that he is no longer a patient. The car park is a part of the hospital for patients only.
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Question 10 of 15
10. Question
Baker is involved in an injury accident, he leaves the scene and goes home. Police arrive at his home to find him at an upstairs open window. They demand a breath test and he tells them to fuck off of his property. Can the police enter to arrest?
- It is unlawful to arrest as a trespasser. The officers should leave the scene when told to do so.
- The demand for a breath test was made before the officers were told to leave. Following a refusal the officers may enter to arrest.
- Where a police officer is trespassing on the defendant’s property they cannot arrest for failure to cooperate with a preliminary test.
- Where the defendant is on someone else’s property only the owner can tell them to leave when they would then become trespassers.
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Question 11 of 15
11. Question
A detective happens upon an accident and discovers a man sitting on the pavement next to the car. He calls the control room and asks for a uniformed officer to attend the scene. What powers does the detective have in relation to the matter?
- Where he suspects the person on the pavement he should ask for a uniformed officer to demand a breath test.
- Where he knows that an accident has occurred and he suspect the person on the pavement to be the driver, he should ask for a uniformed officer to demand a breath test.
- Where he believes that an accident has occurred and he suspects the person on the pavement to be the driver he can demand a specimen of breath for a test.
- Where he knows an accident has occurred and he believes the person on the pavement to be the driver he can demand a specimen of breath for a breath test.
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Question 12 of 15
12. Question
Mr. Allen refuses a breath test on the grounds that he had not been involved in an accident and that the police witness had been mistaken in saying he was the driver. What must the police prove where there is such a failure?
- The police must prove that they had reasonable grounds for believing he was the driver at the time of the accident.
- The police must prove that they had reasonable grounds for suspecting he was the driver at the time of the accident.
- The police must prove that the accident was a reportable accident.
- The police must prove that an accident had actually occurred not simply that they suspected or believed that an accident had occurred.
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Question 13 of 15
13. Question
Following an accident, need the officer making the requirement for a breath test be in uniform?
- All requests for a breath test must be made by a constable in uniform.
- The constable making a request for a breath test may be in plain clothes, but the officer administering the test must be in uniform.
- There is no need for a constable making a requirement or administering a breath test to be in uniform.
- The constable making the request for a breath test must be in uniform. The officer administering the test may be in plain clothes.
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Question 14 of 15
14. Question
An officer requests a specimen of breath for a breath test. The officer cannot find the device in his car. The defendant after waiting says he’ll give a specimen, but he leaves as the officer cannot find the device. Does this amount to a refusal?
- Where a driver agrees to give a specimen for a breath test, it is a matter for the officer to provide the means to do so. When the constable fails to provide the device leaving the scene is not a refusal.
- The officer who cannot find a device at the time should nominate a police station nearby where the test can be carried out. If the person leaves the scene this amounts to a refusal.
- Where an officer fails to provide a device for administering a breath test the attitude or behaviour of the driver, eg, refusing to further wait, amounts to a refusal.
- Where an officer fails to provide a device for administering a breath test, the driver should wait until another device can be brought to the scene. If another device cannot be brought to the scene, he may leave.
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Question 15 of 15
15. Question
Where a constable reasonably suspects that a person is driving under the influence of drugs, where and how may the test take place?
- The test may only be made at the place where the requirement is made, where the officer may test up to once to detect whether the driver is under the influence of drugs.
- The test may only be made at or near the place where the requirement is made, where the officer may test once to detect whether the driver is under the influence of drugs.
- The test may be made at or near the place where the requirement is made, or at a police station specified by the constable, where the officer may test once to detect if the driver is under the influence of drugs.
- The test may be made at or near the place where the requirement is made, or a police station specified by the constable, where the officer may test up to 3 times whether the driver is under the influence of drugs.
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