Category: Driving Under the Influence

Disqualified Drivers Can Now Apply to Get Their Licences Back


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 a disqualified driver, you may apply for the removal of all disqualification periods where: Any ...

Refusing to Give Breath Test No Longer a Crime


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 ruled that Kansans who refuse a breath or blood test cannot be prosecuted. The Court ...

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


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 are ‘mid range,’ and readings greater than 0.150 are in the ‘high range’. However, other ...

Beating a Drink Driving Case, Naturally


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 allegedly being observed driving erratically in October 2014. A breath test returned a reading of ...

Operation ‘Arrive Alive’ Aims to Promote Safe Driving


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 were administered, 21 of which resulted in drink driving charges. Police issued 1273 speeding tickets ...

Should Interlock Devices be Fitted to All Vehicles?


Getting behind the wheel in Australia means having to obey a whole host of traffic rules – but imagine if this included a mandatory breath test before you even turned the ignition! While fitting an ‘alcohol interlock device’ may be part of the punishment for those convicted of serious drink driving offences, some believe that ...

Can My Breath Analysis Results Be Thrown Out of Court?


Most people who return a positive breath test will plead guilty and take steps towards securing the most lenient penalty, often seeking to avoid a criminal conviction and licence disqualification. Those steps might include getting an experienced lawyer, completing a Traffic Offender Program, obtaining character references and perhaps writing a letter of apology. But one ...

Is ICAC Getting Too Big for Its Boots?


The Independent Commission Against Corruption (ICAC) is responsible for investigating allegations of corrupt conduct in the NSW public sector. The ICAC has undertaken a number of high-profile investigations in recent times, including the allegations of corruption surrounding Eddie Obeid and Australian Water Holdings, and the activities of some members of the NSW Liberal Party. The ...

Should We Have Stricter Driver Licensing Requirements?


We all have that one friend or family member who possesses questionable driving skills. And if you’re someone who drives on a regular basis, you might often find yourself wondering how certain drivers on our roads managed to get their licences. Car accidents are often caused by inexperienced drivers, or drivers who simply do not ...

Should Cyclists be Charged in the Same Way As Car Drivers?


Driving negligently or drink driving in a motor vehicle can lead to harsh penalties, especially if someone is injured as a result. But many cyclists may not be aware that they can also be liable for criminal charges and severe penalties if they are found to be riding their bicycles dangerously or while drunk. Usually ...