Statistics suggest that driver fatigue is responsible for around 20 percent of road fatalities and that drivers are at four times the risk of having a fatal accident while driving in what’s considered to be their body clock’s ‘normal’ sleep hours – between 10pm and dawn.

Furthermore, according to Transport NSW’s Centre for Road Safety:

• Fatigue-related crashes are almost three times as likely to be fatal than crashes not involving fatigue – drivers who are asleep can’t brake.
• Each year, about 67 people die and about 645 are seriously injured in fatigue-related crashes in NSW.

Is driver fatigue a criminal offence in New South Wales?

Surprisingly, given the seriousness of drivers’ fatigue, currently there are no laws regulating fatigued driving, unless you’re in charge of a ‘heavy vehicle, defined under the Heavy Vehicle National Law (HVNL) as a vehicle that has a gross vehicle mass (GVM) or aggregate trailer mass (ATM) of more than 4.5 tonnes.

So, as a driver of a normal passenger vehicle, the responsibility lies firmly with the driver to avoid fatigue, by taking regular breaks – the recommendation is every two hours. It could save your life and the life of your passengers. However, fatigue doesn’t just affect drivers doing long road trips, it can occur even on relatively short trips, particularly if you’re sleep-deprived from too much celebrating.

Serious driving offences

It’s important to note that if you are responsible for an accident while driving fatigued, you can be charged with other serious driving offences, such as, for example, negligent driving, which is broadly defined as driving without the due care and attention reasonably expected of a driver. It puts you, other drivers and the public at risk, and can result in serious injury or death.

Negligent driving comes with a $425 fine and 3 demerit points in NSW.

There are more serious Negligent driving offences, including:

• Negligent driving occasioning grievous bodily harm. If this is a first offence, the penalties include a maximum court-imposed fine of $2200, a maximum prison term of 9 months and a minimum driver’s licence disqualification of 12 months.
• Negligent driving occasioning death If this is a first offence, the penalty includes a fine of $3300, a maximum prison term of 18 months, and a minimum license disqualification period of 12 months. If it is a subsequent offence, the penalties are significantly higher.

Double demerit points over Christmas

Police will be out in force over the summer break. Even though you’re on holiday, the law is not. Remember too, that in peak holiday periods, double demerits apply during peak periods.

Make sure you know the rules about drink and drug driving, speeding, mobile phone use, car seats and restraints for children, seatbelts, and also what it means to be driving a ‘road worthy vehicle’ – you can be fined for worn tyres and broken lights.

Stay safe, and enjoy the holidays. If you’re travelling to this beautiful part of the world, such as Lennox Head or Evans Head, be aware of our signiifcant police presence during the festival season.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

You can also follow us on facebook

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The woman was issued the fine after the infringement was caught by a seatbelt and phone detection camera on the Gold Coast.

It serves as a warning for all of us who live in the Northern Rivers region and tend to cross over the Queensland/ New South Wales border on a regular basis.

What are the rules for mobile phones while driving?

When the woman took to social media, noting that while the phone was in her bra she did have both hands on the steering wheel, the comments were divided with many people urging her to dispute the fine, with one saying “I’m struggling to work out how a phone down a woman’s bra is any different than a phone in a jeans pocket (which is perfectly legal),” and others reminding her that ‘no part of the body’ should be in contact with the mobile phone while driving.

In New South Wales you can be fined for driving with your phone on your lap.

Each state and territory has their own rules with regard to driving with mobile phones, but they are all the same in one respect – hands off, while driving.

In New South Wales, this chart from the Transport NSW website  outlines the general rules:

Learner, P1 and P2 licence holders

Restricted licence holders are not permitted to use their phone at all while driving or riding. This includes use of hands-free and Bluetooth functions, including music streaming such as Spotify.

The New South Wales Government has invested heavily in a network of high-tech cameras which are capable of detecting illegal mobile phone use from as far as a kilometre away, in a range of weather conditions, and at night. Of course, police patrols can also detect illegal phone use.

The penalties – fines and demerit points

The penalty for offending is five demerit points and a $362 fine ($481 in a school zone).

The penalty increases to 10 demerit points during double-demerit periods – it’s important to remember this over the Christmas Holiday period.

• An unrestricted licence (most road users) have 13 points.
• Professional drivers have 14 points.
• Provisional P2 licences have 7 points.

Demerit points stay active on your licence for a 3-year period, starting from the date of the offence.

Disputing mobile phone fines

If you’ve been caught by a camera, or if you are fined by police you will receive a penalty notice which will outline the specific offence and the appropriate penalty.

Instead of paying the fine, you can elect to go to court and appear before a Magistrate in the Local Court.

At court, you can either,

• Enter a plea of guilty and ask the Magistrate for leniency, or
• Enter a plea of not guilty and defend the allegation if you’re innocent.

It’s important to get the right professional legal advice so you understand your options. It’s also important to remember that if the court determines that you are guilty of the offence, you can be fined up to $2,200 as well as the demerit points, which is significantly greater than the original penalty.

 This post is informative only. It is not legal advice.

If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina,

Mullumbimby and Tweed Heads regions on the Far North NSW Coast

The post Woman fined $1000 for driving with her phone in her bra appeared first on Local Court Lawyers.

The driver, who is only 18 years old himself, was the only survivor of the crash. He has been charged with five counts of dangerous driving occasioning death. Police crash investigators are still piecing together the evidence, trying to understand what caused the ute to veer off the road, and hit a tree, the impact of which was so severe that the ute split into two.

The young driver has been refused bail and the court has heard that he has a history of speeding offences. The ute itself was also only registered for four passengers and yet had six people inside.

The court also heard that police found video footage on the driver’s phone, taken some time before the crash. Police allege the footage shows that the young man was driving erratically with only one hand on the wheel.

It’s reported that the young man blew a negative breath test at the scene, although the results of subsequent blood and urine tests taken after the crash are not yet known. Police believe speed may also have been a factor.

Dangerous driving (occasioning death), compared to negligent driving (occasioning death)

‘Dangerous acts’ (as the law sees them) while driving (such as speeding, using a phone, running a red light) are the factors that elevate offences to a more serious charge.  For example, if a driver kills another road user, while the driver is slightly speeding or on the phone, a charge of dangerous driving occasioning death may result. If the other road user is seriously injured, but survives say, with internal injuries or broken limbs, the charge may be dangerous driving occasioning grievous bodily harm. So, what’s the difference, in simple terms, between negligent driving occasioning death or grievous bodily harm, and dangerous driving occasioning death or gbh?  It’s the presence of some of these factors (e.g. speed, mobile phone use, being distracted, breaking a road rule such as running a stop sign), that elevate the driving to ‘dangerous’.  I say all this to explain a point in general terms – but facing such charges requires professional advice – that’s probably the best advice I can give you – get advice!  Dangerous driving occasioning death can carry a sentence of 10 yrs gaol; negligent driving occ death carries a comparatively much lesser sentence.

The Crimes Act defines ‘dangerous driving occasioning death’ like this:

Section 52A of the NSW Crimes Act 1900 states that:

“A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle –

(a) under the influence of intoxicating liquor or of a drug, or

(b) at a speed dangerous to another person or persons, or

(c) in a manner dangerous to another person or persons.”

I won’t canvass here the circumstances of aggravation that elevate dangerous driving occasioning death, to an even more serious offence (such as ‘aggravated dangerous driving occasioning death’) but there are factors that if the police identify them as being present at the time of the accident, can lead to an even longer gaol term.

The tragedy of road deaths

In the aftermath, much has been said about young men and their susceptibility to road fatalities – their willingness to engage in risky behaviour, the pace of normal neurological development which affects responses in emergency, the perils of driving on rural roads, and also driver inexperience.

According to statistics young men are about three times more likely than young women to die on our roads, and in recent days given all the debate, there have even been calls to raise the legal driver licensing age for young men, to 21 years.

Statistics, brain science and road policy aside, this is a complete tragedy. Five young lives have been lost, and the driver, who is only 18 years old himself, is now facing very serious criminal charges.

This post is informative only. It is not legal advice.  These are serious offences and the best advice we can give you is to get legal advice.

If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

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While most blitzes are set up with the intention of alcohol and drug testing – because driving under the influence is a major killer on our roads – police will conduct a thorough check if you are pulled over and although you might pass the drug or alcohol tests, you can also be charged with other offences.

If pulled over by Poilce, what information do I have to provide?

If you are stopped by police, then you will be asked your name and you will be asked to provide your driver’s license. If you do not have your license on you, then you may be issued with an immediate $110 fine.

What happens during a roadside alcohol or drug test?

If you are requested to undertake either a roadside breath test (RBT) which detects alcohol consumption, or a mobile drug test – a saliva swab test – which detects (at the very least) cannabis, drugs in the amphetamine-class, and cocaine, police are likely to check your license details and run your information through the police database.

Police may also look over your vehicle and you could be charged for anything that is not deemed roadworthy, for example, for not having your phone stored in a secure holder that meets Australian standards, for worn tyres or broken lights. You can be given a fine of $448 in New South Wales if your pet is in the vehicle with you and is considered to be a distraction or not safely restrained.

If you have outstanding driving or traffic offences, if your car is not registered or if you have any other criminal charges against you, then police will take appropriate action in relation to these offences. You are not required by law to answer any questions asked by police except those which confirm your identity – name, address, birthdate etc.

Police can undertake a search of your car and belongings

In New South Wales police do have the power to search your car or your phone, handbag or other belongings without a search warrant if they have a ‘reasonable suspicion’ that you may be involved in criminal activity.

‘Reasonable suspicion’ has a fairly vague definition, it can be simply that a police officer considers that you are acting suspiciously.

It is always recommended that you cooperate with police, but under the Police Powers and Responsibilities Act police have a range of obligations and must also treat you respectfully, and fairly.

Testing positive to a roadside breath test or drug test

If you test positive for a roadside drug or alcohol test, then you will be taken to the roadside testing van or to the local police station to provide another sample. Usually, you’ll be banned from driving for 24 hours. All samples are sent to a laboratory for analysis and if yours comes back positive then tough penalties apply.

Drink and drug driving penalties depend on the amount of drugs or alcohol in your system, the type of drugs detected, and also whether or not it is a first offence.

In 2021, the New South Wales Government passed new laws that created a new combined drug and alcohol driving offence. The penalties for this offence also depend on the amount of alcohol and drugs detected in the driver’s blood stream, and whether or not the offence is a first or subsequent offence.

Do you need to appear in a local court for a traffic offence or a positive roadside alcohol or drug test?

The penalties are severe including jail time, license disqualification, fines and the imposition of interlock devices fitted to their car.

Courts take drink driving and drug driving very seriously. If you have been charged with an offence, you need professional legal advice to help you understand the charges and penalties and to represent your case in court. Contact The Local Court Lawyers for experienced help and guidance.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

You can also follow us on facebook

The post What are your rights when pulled over by police? appeared first on Local Court Lawyers.

Why? Well, for a couple of reasons. Firstly, in the little villages in and around the hinterland, there are small country schools where you might not expect, particularly if you don’t travel those roads often – Newrybar, Lennox Head, Upper Coopers Creek, Coorabel, Eureka are a few that come to mind.

Secondly, school zones don’t operate during the holidays and are only enforced at two specific periods of time during the day. As a driver it’s pretty easy to ‘forget’ that school zones exist.

But now, the school year has officially begun and it’s time to be vigilant behind the wheel. Obviously, school zones exist to keep our kids safe, while they’re walking, riding bikes, crossing roads, getting on and off buses etc…  The speed limit within school zones is strictly 40km per hour.

The school zone time frames are generally 8 to 9.30am in the morning and from 2.30 to 4pm in the afternoon. There are some non-standard school zone times in New South Wales – these are not common, and they are identified by red/orange school zone signs showing the times when school zone flashing lights operate.

The penalties for school zone traffic offences

The penalties for exceeding the speed limit in a school zone depend on what type of vehicle you are driving, and what type of license you have. Speeding offences are accompanied by significant fines, double-demerit points, and possible suspension of your license in some circumstances. Learner and provisional license holders may have their license suspended for at least 3 months for speeding offences, generally because of their low demerit point allowance.

But parents dropping their children at school may need to brush up on the rules too – there are some you might not know about. Finding out the hard way, that is, being caught, can be an expensive lesson.

For the full list of school zone traffic offences and penalties, click here.

Tougher penalties apply in some instances, where the driver is using a mobile phone for example, or if a driver tests positive for alcohol or drugs, or if the driver has an unregistered vehicle or previous driving offences on record.

Other less known school zone driving offences:

It is an offence to approach a school crossing ‘too fast’ or not to stop at a crossing when directed by a school crossing supervisor. The fine is $464 and 2 demerit points – the penalty can be more, depending on the speed you’re driving at the time.

Not reversing your vehicle safely in a school zone and attracts a penalty of $275 .

Stopping in a bus zone attracts a fine of  $352 and 2 demerit points. Double parking in a school zone is an offence, punishable by a $352 fine and 2 demerit points. Similarly, not parallel parking in the direction of travel, or parallel parking too close to a dividing line is an offence with the same penalty.

Obstructing access to a driveway or pathway is also an offence that comes with a $352 fine and 2 demerit points.

If you receive a traffic infringement notice, you need to pay by the due date or arrange a payment plan, through Revenue NSW, otherwise you run the risk of attracting late fees and other penalties.

Challenging a fine

If you wish to contest the notice, you can apply to Revenue NSW to have it reviewed.

Following this process if you’re not satisfied with the outcome, you can challenge the fine in court, although you should be aware that courts are currently backlogged as a result of the Covid-19 pandemic, although many cases are being handled by videolink, email and other technologies. Even so, it may take some time for your case to be resolved.

It’s also important to remember that if a court finds you guilty of the offence, it can impose harsher penalties than the original fine and demerit points.

If you need advice before you decide which option you’d like to take, it’s wise to contact an experienced, local court lawyer for an initial consultation. The local court lawyers has a paralegal, Irene Healy, dedicated to advising and preparing license suspension appeals for provisional license holders, court-electing on drivers’ license suspensions, good behaviour licenses for unconditional license holders, and all things relating to traffic law.

This post is informative only. It is not legal advice.

If you have a specific legal matter you’d like to discuss, please contact us.

We service Sydney and NSW courts, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

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It’s no secret that drink driving continues to be a prominent road safety issue across New South Wales, despite the multi-millions of dollars that the State Government pours into education and law enforcement year after year.

Every year hundreds of people die, or are seriously injured in road accidents caused by a driver who had been drinking. Sadly, research shows many of these tend to happen in regional areas – often because there are limited options when it comes to taxis and ubers, buses and other public transport, which makes people tend to run the risk.

Just to be clear though, this isn’t an adequate defence if you get caught.

Another interesting fact that the research shows is that most people don’t really know how many alcoholic drinks they can actually have before driving to remain cognisant behind the wheel, and within the legal limit.

There are also plenty of studies which show that the ‘standard drink’ measurements which are often used as a guide, aren’t fail-proof anyway. Size, weight, gender, whether you’ve consumed food and water, your general health and wellbeing and what type of alcohol you were drinking can determine how alcohol is absorbed into your blood steam, affecting your body and brain, and whether you might test over the BAC (Blood Alcohol Concentration) limit if you’re stopped on the side of the road.

What are the limits?

For the record, in New South Wales, if you hold a full drivers licence it is illegal for your BAC to be over 0.05. If you hold a learners or provisional licence you must have a BAC level of 0.00.

Drink Driving penalties are severe in New South Wales. Maximum penalties for drink driving include heavy fines, potentially prison time and suspension of your licence. If you are a repeat offender, meaning you have previously been convicted of drink or drug driving, then the penalties are much harsher for subsequent offences.

If you have an accident which has caused death or injury and you are ‘at fault’, or you are caught driving dangerously, you can be charged with additional offences, including, but not limited to, negligent and dangerous driving.

Drug Driving

In June 2021, new offences for combined drug and drink driving were introduced in New South Wales as a result of numerous studies which show that the combined use of illicit drugs and alcohol increases the risk of a fatal crash by 23 times.

Roadside BreathTests (RBTs) can test for both alcohol and drugs. If you fail to pull over for an RBT when directed to, then you can have your license suspended on the spot. You can also be arrested.

In NSW, police have the power to:

• Stop drivers at random to test for alcohol
• Arrest drivers who test over the legal limit
• Require a driver to take a sobriety test in certain circumstances
• Breath test any driver or supervising driver involved in a crash

Your rights when stopped by Police

You must answer your name and address, and you must show identification to verify those details. If you refuse to take an RBT test, you can be arrested.

If you’re stopped by Police, it’s  important to remember that anything you say or do can be used against you in a court of law. Police wear body cameras for this purpose – so interactions with the general public can be recorded.

You can refuse to answer further questions by police, and request a lawyer to be present, but remember that if you don’t cooperate with police you can be charged with other offences, including obstructing a police officer in the line of duty.

The New South Wales Crimes Act 1900, Section 546C states that:

“Any person who resists or hinders or incites any person to assault, resist or hinder a police officer in the execution of his or her duty shall be liable on conviction before the Local Court to imprisonment for 12 months or to a fine of 10 penalty units, ($110 each) or both.”

Cooperate with Police

Drink Driving and Drug Driving offences can be dealt with fairly swiftly and smoothly by the courts if they are straightforward and there are no complicating circumstances or additional charges.

And of course, people do make mistakes from time to time. But Police have been conducting RBTs since the early 1980s, and conduct millions of these tests every year. More than that though, we all know the dangers.

It’s important to be responsible. So, don’t drink alcohol, leave the car at home, or make alternative arrangements, like spending the night on a mate’s sofa.  Also make sure you know the rules about driving and mobile phones, and don’t forget that during the holiday season double demerits are in force.

If you are charged with a drink driving or drug driving offence, get professional legal advice.

This post is informative only. It is not legal advice.
If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

The post Driving Under The Influence (DUI) appeared first on Local Court Lawyers.

Here’s a general rundown of the rules so you don’t run the risk of doing the wrong thing.

All around Australia holding or touching a mobile phone while driving is a no-no. Each state and territory has its own offences and penalties.  The term ‘mobile devices’ generally includes: mobile phones, tablets, ipods (or other small portable music devices) as well as satellite navigation systems, and the rules for each are different. But if you have been charged and weren’t using a mobile phone, talk to us.

You can touch your phone if …

Your phone is connected to the car via Bluetooth or is in securely mounted in an approved mounting device and you are a full license holder. Touching it means you can set the navigation, change the music, or to make or receive calls.

However, the only time it’s acceptable to pick up a mobile phone, take it off the mounting device or hold it while you’re driving is if you are passing it to a passenger. Or, if you have been stopped by a police officer and it holds your identification.

No phones for restricted license holders

L-Platers and P-Platers are considered ‘restricted license holders. They are not allowed to use phones AT ALL while driving, this includes using Bluetooth to stream music – so it’s best to make sure your phone is packed away somewhere you won’t be tempted to touch it.

L-Platers and P-Platers can use navigation devices though. So long as the navigation is ‘built-in’ to the car’s dash display. Portable navigation systems like Tom Toms must securely mounted in an approved mounting device.

You should also know – and not many people do – that a driver can also be fined if a passenger has a screen anywhere near the driver’s line of sight. So, for example, if you have a passenger watching videos in the passenger seat and they lift the device to show the drive something, this is breaking the law.

The rules to mobile device use apply while the car is on the road, so this does include while idling, or waiting to pick someone up. All drivers (including those on restricted licenses) can use a phone to display a digital driver’s licence or vaccine status (which could be required at borders) if you have been stopped and asked by a police officer or someone else in authority to do so.

All drivers (including restricted licence holders) can access the wallet or ‘payment’ function on a phone if they are in a driveway, a carpark or a drive thru.

Driver distraction can kill

The reason that rules are strict and penalties are hefty is, quite simply, because driver distraction is a leading cause of death on our roads. And contrary to popular belief, mobile phone use while driving is not restricted to young offenders.  In NSW, “use mobile device offence” will cost you over $500 in fines and 5 demerit point (on a double demerit weekend, that’s 10 points!)

Don’t think you won’t get caught either – the NSW Government has invested heavily in high-definition mobile phone detection cameras, including fixed and transportable cameras. These can detect the movements of a driver in all weather conditions, and they are stationed throughout the state – many operate in regional areas like ours.  Ballina and Coffs Harbour are notorious for fixed cameras you can’t detect – there is no warning.  In Ballina recently, a client was detected using her phone while driving, by one of the fixed hidden cameras, and in the course of this offending, the camera also detected her license plate and she was charged with drive unregistered and uninsured vehicle.

Just so you know, most of these cameras are so high-tech they can also detect if you’re not wearing a seatbelt. And drivers, remember that if your passengers are not wearing seatbelts, you will be held responsible. So, buckle up.

Fines and penalties can be severe

If you are caught, you may not even realise it until the fine arrives in the mail, then it is up to you to prove that you are not guilty. Fines must be paid by the due date, otherwise you risk accruing interest and penalty fees. And don’t forget that over holiday periods, such as Christmas and the New Year, double demerit points are in force.  Penalties are severe and could lead to the suspension or loss of your licence.

You can challenge any traffic fine via the Revenue NSW website, and if you are unhappy with the outcome, you can proceed to court. However, you should know that if the court determines that you are guilty of an offence, it can impose harsher penalties, and in some situations you may have to pay the legal costs of the RMS as well.

This area of law is a mine-field of regulations, and depending on which entity suspended your license (RMS or Police) also affects what options you have and what time frames you have to exercise these options.  Irene Healy of our offices is uniquely skilled at preparing these matters for court, so use our online “help” form, and be sure to include your number, and Irene will be in touch.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us. 

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

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