The New Laws on Mental Health in the Criminal Justice System: The Diversionary Pathway
There is an available legislative framework for a NSW court to determine criminal proceedings where the accused or defendant has mental health issues relevant to the case. This legislative framework is echoed in The Mental Health (Forensic Provisions) Act 1990 (NSW) (‘The Act’). It is a response to the increasing contact with the criminal ...continue reading
The Return of Stationary Random Breath Tests and Road Side Drug Tests in NSW
By Poppy Morandin & Jimmy Singh In anticipation of the Queen’s Birthday long weekend, NSW Police announced the return of stationary Random Breath Tests and Roadside Drug Tests. As the easing of restrictions have allowed for a higher level of unrestricted movement and, pubs, clubs and restaurants are now allowed to seat up to ...continue reading
Your Rights as a Driver When Pulled Over by Police for RBT in NSW
As the Coronavirus continues to spread across our world, fears continue to rise so much so that our Governments have been taking drastic and unprecedented actions to combat the spread of the pandemic. Other than people shutting down shops, and even Castle Towers Myer store just recently, Police RBT’s have been suspended indefinitely out ...continue reading
A 36-Year-Old Mum Is Charged with High-Range Drink Driving in NSW, 6 Times Over the Limit
A woman has been reported allegedly driving 6-times over the legal limit after colliding into a parked vehicle in NSW. It’s reported that the 36-year-old mother was allegedly driving with a high-range drink driving BAC level with her 14-year-old son in the car when she hit her 4-WD Toyota Kluger into a parked vehicle ...continue reading
An Outline of the New Penalties for Mid-range Drink Driving in NSW
It is reported that a 60-year-old woman in Melbourne has allegedly been caught drink driving when her car ended up getting stuck in a Melbourne train track on Friday. At about mid-night last Friday, the 60-year-old woman allegedly lost control of her car whilst in a train station car park before getting stuck on ...continue reading
Is it a Crime to Drive with a Mid-range Blood Alcohol Concentration in NSW?
It is reported that a 41-year-old man drove a Ferrari worth about $300K in the Sydney CBD before crashing it straight into a jewellery store near David Jones in Sydney CBD- at the corner of Castlereagh and Market Street on Monday. Unfortunately, a woman in her sixty’s sustained minor injuries and was escorted to ...continue reading
Law, Penalties & Defences for Mid-Range Drink Driving Charges in NSW
It is reported that a sergeant, Victorian police officer was driving in the eastern suburbs of Melbourne on Christmas day when she was pulled over for a random breath test in Box Hill at around 8pm. The officer, who is a specialist unit sergeant returned a BAC reading of 0.082. She was handed 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
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
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