We all know that drink driving is against the law in NSW – but what about drinking while behind the wheel if you stay below the blood alcohol limit? Drinking alcohol while driving is against the law in NSW – which may not be surprising to most. But this wasn’t always the case: it was… Read more »
Posts Categorized: Traffic Law
Can Evidence of Fleeing be Used Against You?
If someone flees to avoid arrest or court over an alleged offence, should this be interpreted as an indication of their guilt? Fleeing, hiding or failing to attend court does not always mean that a person is guilty – there are a number of other reasons why a person might flee if they think they… Read more »
What Penalty Will I Get for Driving While Unlicensed?
Did you know that after drink driving and common assault, driving without a licence is the most common reason that people are sent to criminal court? Over 12,000 people came before a court for driving without a licence between April 2013 and March 2014, according to the latest Bureau of Crime Statistics and Research (BOCSAR)… Read more »
Do we need licensing or registration for cyclists?
For those who drive cars, watching rogue cyclists sail through red lights can seem unfair, and being stuck behind a slow-moving bicycle that’s hogging the lane can be annoying. Whether motorists like it or not, cyclists have a right to be on the road – and most obey the road rules. Some drivers believe that… Read more »
Should drivers be guilty of dangerous driving if they fall asleep and crash?
In order to be found guilty, most offences require you to be conscious and acting voluntarily when you commit them. There are some exceptions to this rule, but dangerous driving is not one of them. So what happens if you fall asleep behind the wheel and have a crash? Clearly, you aren’t conscious or acting… Read more »
What is the Standard of Proof in Traffic Cases?
There is some confusion about the standard of proof in traffic cases, and justifiably so. Much of the confusion arises from the personal experiences of our readers, who receive traffic infringements and are then given conflicting advice. Many are adamant that they are innocent. Some point out that police relied upon guesswork or unscrupulous practices… Read more »
What are the low range drink driving penalties in NSW?
In NSW, all drink driving cases are serious, and even low range drink driving penalties mean that you could end up before a magistrate facing a range of potential penalties. Drink driving is a factor in one out of every five fatal crashes according to the RMS, and costs the community millions of dollars every year…. Read more »
Radars that Detect those who Talk/Text and Drive may be on the Horizon!
In recent years, the growing dangers of using a mobile phone while driving have led to media campaigns to ‘get your hand off it!’. While tougher penalties were put in place to act as a deterrent, the enforcement of those laws has proved to be a problem as it relies heavily on police being able… Read more »
Which Offences can give me a Criminal Record?
There are thousands-upon-thousands of types of criminal offences in NSW, and it is unlikely that there are many of us that haven’t committed a crime at some point in our lives. Many of us may have received a parking or speeding ticket, but not all offences are classified as ‘criminal’ and will lead to a… Read more »
Why Should I Get a Specialist DUI Lawyer in Sydney?
You might be wondering, what is a DUI and how is it different to a PCA offence? DUI is also known as driving under the influence of any alcohol or other drug. It is a charge that may be brought where there was no valid breath test to confirm a particular blood alcohol concentration. This… Read more »