Preliminary Impairment Test
A per section 6B of the Road Traffic Act 1988 a Preliminary Impairment Test is a procedure whereby the constable administering the test observes the persons performance on the tasks and makes observations of the persons physical state.
The Secretary of State has issued a code of practice setting out the kind of task that an accused may be asked to carry out, how they are to be administered, what type of observations the officer can make and the inferences that may be drawn from the officers observations.
Your solicitor will be familiar in the code of practice and will use the same to cross examine the police officer.
Please see subsequent headings for a description of each test.
Pupillary Examination
The officer using a gauge will measure the person's pupils. The officer will note whether the subjects eyes are "watery" or are displaying "reddening".
Your Solicitor will consider whether the size of the pupils were within what is said to be "normal range". If they are outside normal range we would consider whether this can be satisfactory attached to drug use or whether there could be other reasons.
There are common misconceptions as to the affect of drugs upon the eyes / pupils. Your solicitor will urge the court to exercise caution in coming to any unsafe conclusion when considering such evidence.
The Modified Romberg Test
This requires the person to stand up straight with feet together and arms down by the side. The person will be requested to tilt the head back slightly and close the eyes. Upon being told to do so the subject will be asked to confirm when they think 30 seconds has elapsed.
This is designed to act as an indicator of the person's internal clock and ability to balance.
The Walk and Turn Test
The person will be requested to take nine "heel to toe" steps along a line, turn around using a serious of small steps and take another nine "heel to toe" steps along the same line.
The test is designed to assess whether a person is able to divide attention between walking, balancing and processing instructions.
We would argue that failure to carry out this task successfully is not necesairly an indicator that the person's ability to drive was properly impaired.
The One Leg Stand Test
The person will be requested to stand with feet together and arms down by their side. To raise right foot 6 to 8 inches off the ground and to count aloud "one thousand and one, one thousand and two, one thousand and three" and so on until told to stop.
This is designed to assess balance and the accused's ability to count out loud and process instructions.
The Finger to Nose Test
The person will be requested to stand with feet together, extend both arms out in front, palm side up, with fists closed and index finger of each hand extended.
The person will then be asked to tilt the head back slightly, close the eyes and touch the tip of the nose with the tip of each respective index finger in turn.
This is designed to test both perception and balance.
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Your Motoring Law Specialist will be aware as to what observations the officer is allowed to make during the accused performance of the task and what inferences can be drawn.
Your Motoring Law Specialist will apply the "code of practice for preliminary test" during the cross-examination of the police officers.
It is also important to urge the court to exercise caution in considering the perceived failure on a task. After all a completely sober person may not perform all tasks perfectly!
Failure to Co-Operate with a Preliminary Impairment Test
As per Section 6 (6) of the Road Traffic Act 1988 it is an offence if without reasonable excuse a person fails to co-operate with a preliminary test.
The offence carries 4 penalty points or a discretionary ban.
If charged with this offence it is extremely important to consider whether the police had the power to make the request in the first place.