a road is any highway and any other road to which the public has access and includesbridges over which a road passes
Dishonesty R vs Gosh
S.6(d) RTA Power of Arrest
a constable may arrest without a warrant if a PIT result is positive therefore suspecting that the proportion of alcohol or a drug in his body exceeds the prescribed limit
or if the person fails to cooperate with a PIT and a Constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug
If they can prove that circumstances were such that there was no likelihood of driving as long as the circumstances remained
Offences for NIP
D - dangerous, careless or inconsiderate driving
A - aiding and abetting any of these offences
F - failing to conform to a direction given by an officer
F - failing to conform to traffic signs
L - leaving a vehicle in a dangerous position
E - exceeding the speed limit
S.4 RTA 1988 Unfit
A persons ability to drive properly is, for the time being, impaired
100m for small items rucksack
200- medium - suitcase, car
400- larger items lorry and vans
S.76 SOA conclusive (irrebuttable)
defence cannot argue presumptions
if it is proved that the defendant did the relevant act and that:
defendant intentionally deceived the complainant as to the nature or purpose of the relevant act
the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to complainant
then assumed victim did not consent
S.8 SOA causing or inciting a child (U13) to engage in sexual activity
S.66 Exposure
commits an offence if he
intentionally exposes his genitals
intends that someone will see them and be caused alarm and distress
S.9 Sexual activity with a child (13-16yrs)
person is aged 18+
intentionally touches another person
touching is sexual
victim is U16
offender did not reasonably believe victim is 16yrs+
S.12 Causing a child to watch a sexual act
see- tell- act
5 C
C confirm
C Clear
C cordon
C Control
C Check
Section 87- right to direction
Tyre cut- excess of 25mm or 10% of the section width
Hours of darkness
half an hour Aftersunset and Half hourbeforesunrise
Can NOT require MPV to conduct a fit test under section 6
Section 4 - power to enter as specified offence. Arrest MPV or MP