Category: Traffic Law

Mid-Range Drink Driving

The Offence of Mid-Range Drink Driving in New South Wales


New South Wales Waratahs and Australian Wallabies hooker Tolu Latu has been fined and disqualified from driving after pleading guilty in Downing Centre Local Court to driving with a middle range prescribed concentration of alcohol and driving whilst suspended. According to police papers, the 26-year old was detected asleep behind the wheel of his moving …
Sydney Criminal Lawyers®

Sydney Criminal Lawyers® Weekly Rundown – Articles from 17 to 23 June 2019


In case you’ve missed any of them, here’s a rundown of the past week’s articles: Drivers Face Fines for ‘Normal’ Passenger Behaviour Drivers, make sure your passengers keep their devices hidden and that they don’t get too comfortable! Click here to read the article NSW District Court Judge Slams Brutal Police The judge made clear …

Drivers Face Fines for ‘Normal’ Passenger Behaviour


It’s a law you may not know about, but certainly one worth brushing up on. You’re on a long drive and your front seat passenger is relaxing watching a YouTube clip or a movie on a tablet or smart phone. Seems harmless enough, right? Actually, as a driver, you can be given three demerit points …
Driver horn

When is it Illegal to Use A Vehicle’s Horn?


Regulation 224 of the Road Rules 2014 (NSW) states that a driver must not use, or allow to be used, a horn, or similar warning device, fitted to or in the driver’s vehicle unless: it is necessary to use the horn, or warning device, to warn other road users or animals of the approach or position of the vehicle, …
Sydney Criminal Lawyers®

Sydney Criminal Lawyers® Weekly Rundown – Articles from 27 May to 2 June 2019


In case you’ve missed any of them, here’s a rundown of the past week’s articles: Torres Strait Takes Australia to UN Over Climate Inaction: An Interview With 350’s Glen Klatovsky Torres Strait Islander communities affected by rising sea levels have filed a complaint over Australia’s inaction on climate change. Click here to read the article …
Alcohol and drug roadside testing in NSW

Passive Smoking Defence Exposes Flawed Drug Driving Regime


Magistrate David Heilpern has delivered yet another landmark ruling that reveals the shonky logic underlying the drug driving regime in NSW. The Lismore magistrate accepted last month that a woman tested positive to cannabis because of passive smoking. Nicole Spackman was found not guilty of drug driving after testing positive, after testifying she hadn’t smoked …
Drug driving in NSW

Drug Driving Charges and the Defence of Honest and Reasonable Mistake


A recent decision in the Local Court of NSW has highlighted the availability of the defence of honest and reasonable mistake of fact against charges of driving with the presence of an illicit substance – or ‘drug driving’. The case Nicole Spackman was pulled over for a roadside ‘lick test’ which registered a positive reading. …
Criminal lawyers article list

Sydney Criminal Lawyers® Weekly Rundown – Articles from 13 to 19 May 2019


In case you’ve missed any of them, here’s a rundown of the past week’s articles: A PM’s Faith Shouldn’t Be Steering a Secular Nation Scott Morrison’s religious views have shaped a number of his discriminatory, divisive and dangerous policies. Click here to read the article Catfishing Isn’t Illegal, But It Can Be a Way to …
Drink driving

New Drink Driving and Drug Driving Laws in NSW


On 25th September 2018, the New South Wales parliament passed the Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill which comes into effect across the state on Monday, 20 May 2019. The legislation amends the Road Transport Act 2013 in respect of the rules relating to drug driving and novice, special and low-range drink …
Michael Balderston and David Shoebridge

Government Tightens Screws on Unjust Drug Driving Regime


As of next Monday, 20 May, first time alleged low-range drink drivers and drivers in respect of whom the presence of drugs is confirmed by a laboratory analysis will be fined $561 and have their licences suspended for three months. For drivers registering a blood alcohol concentration (BAC) between 0.05 and 0.079, the fine will …