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...
Drug Driving Charges and the Defence of Honest and Reasonable Mistake
A recent decision by the NSW Court of Criminal Appeal has ruled that drug driving is an absolute liability offence, which means the defence of being honestly and reasonably mistaken about drugs being in the system does not apply to...
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...
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...
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....
Driver Accumulates 28 Demerit Points in Road Blitz
A driver on the New South Wales Central Coast has accumulated 28 demerit points and fined $1348 after being pulled over by Police for using her phone while driving. A mother, she had all three children in the car’s back...
The Offence of Jaywalking in New South Wales
Ever wondered when and where you are permitted to cross a public road in New South Wales? Or what might happen if you cross the road unlawfully? Well here’s an summary of the main rules: You can only start crossing...
Double Demerits Over the Easter Long Weekend
Double-demerit points are in in force for an extended period this Easter, to include the Anzac Day holiday. Double-demerits start today and run until April 22, then start again on April 24, and run through until April 28. The double...
Calls for Overhaul of Drug Driving Laws
Roadside drug testing was introduced into the NSW setting in 2007. Just like random breath testing (RBT) for alcohol, drug testing drivers was said to be brought in to improve safety on the roads. But, unlike RBT, it doesn’t test...
Police Should Test for Impairment Levels of Drugs, Not Minute Traces
On the first weekend of this month, NSW police carried out a roadside alcohol and drug driving blitz in the Northern Rivers region. And while locals aren’t complaining about officers booking drunk drivers, they are opposed to those charged with...
