What are the Police Powers to Conduct a Random Breath Test?
The Transport Accident Commission (TAC) in Victoria has suspended a $4 million road safety funding it had previously granted to Victoria Police. This came following revelations from an internal police investigation that over a 5-year period, over 258,000 breath tests were falsified by police officers in attempts to return negative readings. It is reported ...continue reading
Can Eating Hot Cross Buns Put You Over the Drink Driving Limit?
By Sahar Adatia and Jimmy Singh. Every year, the early sale of hot cross buns in supermarkets across the country sparks a whole lot of hullabaloo and one hell of a debate about when exactly is “too early” to be putting the popular Easter bakery treat on the shelves. This year, months out from ...continue reading
What is Dangerous Driving in NSW?
It is reported that a 49-year-old bus driver who was travelling on Kingsgrove Road, Kingsgrove on Monday night collided into a scooter carrying 2 passengers on it. The scooter was reportedly stationary at the time of collision. It is alleged that the impact of the collision had caused the scooter to be pushed onto ...continue reading
What Happens if a Passenger Doesn’t Wear a Seatbelt in NSW?
By Sahar Adatia and Jimmy Singh. When it comes to driving responsibly, it’s no secret that Australians sometimes make dangerous decisions on the road. From selfish behaviour such as drink-driving offences and speeding, to the downright recklessness of sending text messages from behind the wheel or eating takeaway food, such dangerous driving conduct places ...continue reading
The Parramatta Local Court and the History of Parramatta
Why is Parramatta the Next Big City? Parramatta is about 23km away from Sydney’s central business district. The estimated residential population of Parramatta is around 243,000 people, while Sydney’s estimated metropolitan population is about 5 million. There are plans to be able to transport people between Parramatta and CBD Sydney more efficiently by creating a ...continue reading
The Law on the Honest and Reasonable Mistake of Fact Defence
Before outlining the honest and reasonable mistake of fact defence, it is important to get a general understanding of ‘absolute liability offences’ and ‘strict liability offences’. Absolute Liability Offences An absolute liability offence is any offence which there is no requirement to have a guilty mind (‘mens rea’) at the time of committing the ...continue reading
The Law and Penalties for Mid-Range Drink Driving in NSW
New South Wales Police did almost 5 million road side breath tests just last year. New drink driving laws were announced earlier this year, effectively introducing on-the-spot fines of $561 (penalty notice) and immediate 3-month licence suspensions to anyone caught drink driving with a low-range concentration of alcohol in the breath or blood. A ...continue reading
What are the Penalties and Defences for High-Range Drink Driving Charges?
Primary School Teacher Charged for High-Range Drink Driving on 8 February 2018, a primary school teacher was charged for high-range drink driving when Kelly Littlejohn aged 40, allegedly returned a reading of 6 times the limit- 0.306. The primary school teacher from Caringbah was driving after having attended a parent teacher night. Police allege ...continue reading
Harsh Penalties for Driving with Small Traces of Cannabis in the Saliva, Urine or Blood
The Controversy of Drug Driving Laws in NSW The controversy behind this relatively new law is the unfairness of creating a law that will cause someone to face harsh consequences of a criminal conviction and driver licence disqualification from the mere trace or presence of an illicit drug (such as cannabis)- while there is no ...continue reading
The Law on When Police Can Search Your Car Without a Warrant in NSW
The Case of DPP v Leonard [2001[ NSWSC A man from Dubbo NSW, Mr. Leonard was charged with supplying prohibited drug charges and 3 further charges of drug possession offences. The drug supply charges were on the basis that it was over the ‘traffickable’ quantity of cannabis. The matter proceeded to the Local Court for ...continue reading