The Law on Driving Under the Influence of Alcohol (DUI) in NSW
By Sahar Adatia and Jimmy Singh. It’s official – silly season is around the corner! And you know what that means. Amongst the shopping, baking, entertaining, cleaning and other crazy array of demands, there’s also a hell of a lot of parties to attend. And for many of us, that means a hell of ...continue reading
Special Range Drink Driving Penalties Guide in NSW
We all know not to drink and drive. It can result in catastrophic consequences on innocent road user. Just over the weekend, NSW police have charged 260 people for drink driving in a citywide operation. NSW Police have said, a further 119 traffic charges were issued, in addition to over 1900 traffic infringements. Police, ...continue reading
Is it Legal to Make a Citizen’s Arrest in NSW?
It is reported that a man with a large knife in Sydney CBD has allegedly attempted to stab people on Tuesday. Causing the Sydney CBD to go into lockdown, the incident unfolded close to the corner of Clarence and King Street when a man who was reportedly armed with a machete went on a ...continue reading
What is Low-Range Drink Driving in NSW?
It is reported that a Victorian policewoman has been caught allegedly drink driving in Melbourne. On Saturday 20 July, at about midnight, a leading senior constable of the specialist crime command unit was stopped for the purposes of an RBT. Police conducted an RBT on the woman in Frankston situated about 55km south-east of ...continue reading
The Offence of High-Range Drink Driving in NSW
It is reported that TV personality and radio host Jodie Oddy has been charged for drink driving in December of last year. The 43-year-old South Australian is a co-host to the radio station Mix 102.3 breakfast show. It’s reported that, while driving intoxicated in Middleton, on South Australia’s Fleurieu Peninsula, Oddy collided into a ...continue reading
Is it Illegal to Sleep in your Car While Drunk?
By Sahar Adatia and Jimmy Singh. There’s a good reason why you might find yourself asleep in your car: You had a bigger night out than expected and now you’re stuck, unable to drive home. So, you consider the options… Of course, you could just get a cab. But cabs are expensive. Then there’s ...continue reading
New Penalties for Low Range Drink Drivers: On-The-Spot Fines & Immediate Suspensions
As of 20 May 2019, a police officer can issue an on-the-spot fine of $561 and an immediate 3-months driver licence suspension period to people who are caught driving with a low-range concentration of alcohol level on a NSW Road if it is their first offence. The low-range concentration of alcohol level is where ...continue reading
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
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