What must occur before police can conduct a breath test on a driver?

Prepare for the New South Wales Police Powers and Legislation Test with multiple choice questions featuring hints and detailed explanations. Master the exam with expert guidance and resources.

For police to conduct a breath test on a driver, the requirement is that the driver must be stopped under reasonable grounds. This is rooted in the legal principles surrounding the enforcement of road safety laws and the protection of individuals' rights. Officers are obligated to establish a reasonable basis for suspecting that the driver may be under the influence of alcohol before administering a breath test.

Reasonable grounds can arise from various scenarios, such as erratic driving behavior, the driver's appearance, or violations of traffic laws. This ensures that the enforcement actions are justified and aimed at ensuring public safety. The necessity of reasonable grounds helps to prevent arbitrary or unjustified stops, thereby upholding individual rights while still allowing police to effectively combat drunk driving.

Consent, showing identification, or having a prior record are not prerequisites for administering a breath test and do not form the basis of authority for police action in this context. Therefore, the establishment of reasonable grounds is the key condition that must be met.

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