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Drink Driving (Unfit Through Drink or Drugs Section 4 RTA 1988 (A person…
Drink Driving
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Section 5a RTA 1988
It is an offence to drive or attempt to drive or be in charge of a motor vehicle with a specified drug in the body, above the specified limit.
Defence - Was there any likelihood that they defendant was going to drive or be in charge of the vehicle
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Section 5 RTA 1988
It is on offence for a person to drive, attempt to drive or be in charge of a MV on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit.
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Section 6 RTA 1988
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Section 6(2)
If a PC reasonable suspects that a person is driving, attempting to drive is in charge of a MV
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Section 6(3)
If a PC reasonably suspects that a person has been driving, attempting to drive or is in char
Section 6(4)
If a PC reasonably suspects that a person is or has been driving attempting to drive or in charge of a MV on a road or other public place and has committed a moving traffic offence.
Section 6(5)
If an accident occurs owing to the presence of a MV on a road or Public place and a constable reasonable believes that the person driving was attempting to drive, driving or in charge of a vehicle at the time of the accident
Officer doesn't need to be in uniform for this section only. You don't have to be in uniform to request but in uniform to administer for other offences.
Section 6D
A constable may arrest a person without warrant if as a result of a preliminary test the constable reasonable suspects that
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Section 6E
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Arresting a person under 6D following an accident where the constable reasonably suspects the accident involved injury to ANY Person
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Without prejudice to section 4(1), a person who when in charge of a MVP which is on a road or other public place is unfit through drink or drugs is guilty of this offence.
Offence- Being in charge of a MPV when unfit through drink or drugs RTA 1988 section 4(2)
Triable summary only
3 months prison
Discretionary Disqualification