New Laws on Drug Driving and Mobile Phone Use in NSW

The Controversial Drug Driving Laws in NSW To be guilty of DUI under section 112, the police only need to prove that you were under the influence of drugs or alcohol at the time of driving, the law doesn’t require proof that your driving skills were effected by drugs or alcohol. Under the current law ...continue reading

Can You Refuse to Give a DNA Sample to Police?

By Jimmy Singh and Fahim Khan Australian criminal law can be complex to understand, especially when it’s concerning police rights regarding when they can and can’t carry out intrusive tests on your body. Generally, DNA samples are considered to be more effective at solving crimes than fingerprints. DNA samples are considered to be very effective ...continue reading

The Fairness of Mobile Drug Tests and Your Rights

By Jimmy Singh & Tayla Regan In 2017, police have conducted about 112,000 roadside drug tests. This is expected to rise to about 200,000 each year from 2020. The relatively new drug driving laws have criminalised driving with the mere presence of illicit drugs in your saliva, urine or blood. Criminalising the mere presence of ...continue reading

The Law on Jaywalking and Hitchhiking

By Jimmy Singh & Tayla Regan Jaywalking is generally where you cross the road in unsafe circumstances. Arguably, crossing a road against a red pedestrian light, or where there is no light, onto oncoming traffic (within 20 meters of a crossing) do so with full appreciation of the risks (which can result in serious consequences), ...continue reading

The Law on Breath Testing on Your Property

By Jimmy Singh and Tayla Regan Do I Have to Stop My Car When Signalled By Police? The police are allowed to direct you to stop your car for the purposes of subjecting you to a random breath test (RBT). Failing to comply with this requirement carries a penalty of $1,100. After stopping you for ...continue reading

New Laws on The Right to Silence for Criminal Offences

By Jimmy Singh and Tayla Regan Say for instance you have been arrested for a crime, taken to the police station, and offered to participate in an interview with the police. Can you refuse to give an interview with police without your silence being used against you later? Can your silence amount to a consciousness ...continue reading

The Law on Driving Under the Influence

The Case of DPP (NSW) v Kirby [2017] NSWSC Mr. Kirby was charged with driving under the influence of alcohol under section 112(1)(a) of the Road Transport Act 2013 (NSW). The Katoomba Local Court on 19 April 2017 found him not guilty on the basis that the police were unable to prove that Mr. Kirby’s ...continue reading

Can I Avoid a Criminal Record for Drug Driving?

The Case of Mr. Bugden v R [2015] The Facts 20 year old Mr. Bugden was an apprentice chef. One day he was pulled over by police for a random drug test. He was tested, and returned a positive reading for cannabis. He admitted to police that he had smoked cannabis about 3 days earlier. ...continue reading

What Does the Law Say About Drugs Found in Your Car?

The Case of R v Amanatidis [2001] NSWCCA 400 Michael Amanatidis was charged with supplying prohibited drugs (Heroin) under section 29 of the Drug Misuse and Trafficking Act 1985. He was found guilty, and convicted in the District Court. That conviction was successfully appealed when he was eventually found to be not guilty. The law ...continue reading

When Can Police Take Your Phone?

NSW Police are often seizing mobile phones (and other items) from people suspected of crimes, including those that are bystanders, who record an incident which they are not even involved in. The digital era, with the regular use of smart phones, which allow people to record footage and photos wherever and whenever, has resulted in ...continue reading

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