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Driving Under the Influence

Charged with Drug Driving? Have a Cannabis Prescription? Speak to Former Magistrate David Heilpern

by Paul Gregoire
Former NSW Magistrate David Heilpern is on a mission. It entails bringing about substantial reforms to the unjust roadside drug testing regime that’s currently operated by NSW police and only being bolstered by the Berejiklian government. The first change Heilpern...

Low Range Drink Drivers to Face On-The-Spot Fines & Suspensions

by Sonia Hickey & Ugur Nedim
Low-range drink driving is where a driver has a blood alcohol concentration of 0.05 to 0.79 millilitres per 210 litres of breath. The maximum penalty when it’s the driver’s first major traffic offence within 5 years is an ‘automatic’ licence...

Arresting Drivers for Using Cold and Flu Tablets Will Not Save Lives

by Paul Gregoire & Ugur Nedim
NSW roads minister Melinda Pavey has announced there will be an expansion of substances that can ‘influence’ drivers for the purpose of laws against driving under the influence (DUI). She has also announced a strategy designed to assess whether individuals...

New Road Laws: Tougher DUI Penalties, Targeting Phone Use and Cocaine Testing

by Paul Gregoire & Ugur Nedim
On 1 July, a series of new road safety laws will come into effect across New South Wales. The new laws will add cocaine to the list of drugs police test drivers for, significantly increase the penalties for driving under...

Unaccompanied L-Plater Charged with Driving Under the Influence

by Sydney Criminal Lawyers
A learner-driver is facing multiple charges including driving under the influence and unaccompanied after being pulled over by police on the Northern Rivers. The story so far Police signalled 23-year old Mr Squires to pull over after allegedly seeing him...

Disqualified Drivers Can Now Apply to Get Their Licences Back

by Ugur Nedim
The Road Transport Amendment (Driver Licence Disqualification) Act came into effect on 28 October 2017, allowing certain disqualified drivers in NSW to apply to the local court for the removal of their disqualification periods. Who can apply? If you are...

The Law on Refusing a Breath Test or Analysis in NSW

by Ugur Nedim
Many jurisdictions, including NSW, have laws which make it a crime for drivers to refuse a breath test by police. The state of Kansas in the USA had similar laws in place – until recently. Last month, the Supreme Court...

0.05 Alcohol Limit for Drink Driving: Has Australia Got it Right?

by Ugur Nedim
In Australia, drivers are required to maintain a blood alcohol concentration (BAC) of under 0.05% (i.e. 0.05 grams of alcohol per 100 mL of blood). Readings of 0.05 to 0.079 are classified as ‘low range’, readings between 0.08 and 0.149...

Beating a Drink Driving Case, Naturally

by Sydney Criminal Lawyers
A New York woman who was charged with drink driving has had the charges dropped after being diagnosed with a rare medical condition which causes her body to produce alcohol. The woman, who cannot be named, was pulled over after...

Operation ‘Arrive Alive’ Aims to Promote Safe Driving

by Ugur Nedim
As of Friday 18 December, police have invested extra resources into targeting drink driving, speeding and unlicensed driving in the lead up to Christmas. Police reported that on day one of the blitz, called ‘Operation Arrive Alive’, 48,916 breath tests...
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