The Law and Penalties for Mobile Phone Offences in NSW

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  Using your phone while driving is a penalty notice offence. This means, that instead of getting a ‘court attendance notice’ which would require you to attend court, the police can instead give you a penalty notice on-the-spot- which is what a Perth motorist received when he was caught driving whilst using his mobile phone ...continue reading

Is it Illegal to Drive in Thongs or Apply Makeup While Driving?

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By Sahar Adatia and Jimmy Singh Across the nation, 10.9 million people admit to driving dangerously on the road and engaging in some form of distraction. From snacking on takeaway food, to applying make-up, wearing thongs instead of covered shoes, and even having a microsleep, Australians’ desire to multitask behind the wheel is putting them ...continue reading

The Law on Jaywalking and Hitchhiking

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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

When Can Police Take Your Phone?

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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

The Difference Between Summary, Indictable & Strictly Indictable Offences

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There are two types of main charges in NSW labelled as “indictable offences”, and “summary offences”. The period of time your case will take in court to finalise, whether police are still allowed to prosecute you for an offence that occurred more than 6 months ago, and the seriousness of the penalties you are faced ...continue reading

Are Interstate Traffic Offences Disregarded by NSW Courts?

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A common question I get asked is, when the Court is considering on a penalty to give for a NSW traffic offender, can an interstate traffic conviction be taken into account when the Magistrate is considering an appropriate sentence? The Courts in NSW are currently disregarding previous interstate traffic convictions, including drink driving, that have ...continue reading

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