Negligent driving is one of the most common major traffic offences in Australia, behind drink driving. Combining the two can lead to horrific consequences. In one tragic case, an intoxicated P-plater caused the death of his best friend and inflicted severe brain damage upon another passenger when he veered off the road and collided with… Read more »
Posts Categorized: Traffic Law
Can Police Breath Test Me On My Own Property?
Random breath-testing is something we have come to accept as an inevitable part of driving, but where do police powers end? Many people believe that if police saw you driving, they have the right to give you a breath test anywhere, but this is a myth. Simply being on private property is not enough to… Read more »
Case Raises Doubts about the Validity of Speeding Tickets
Have you received a speeding ticket you didn’t deserve? If so, was it from a hand-held speed-detector? Drivers like you could be in luck, depending on the outcome of one case currently going through the Downing Centre Local Court. The case could cast doubt on the validity of speeding tickets, thanks to a technical argument… Read more »
Beware! Fake Penalty Notices are on the Rise
None of us like receiving fines – but perhaps it’s even worse to hand-over your hard-earned money to a scammer when you’ve done nothing wrong. If you’ve received a speeding fine via email – beware! Since late last year, authorities have been warning the public about fake fines that are circulating online. The fraudsters hope that… Read more »
Can I Drink Alcohol While in a Car?
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 »
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 »