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Reform Needed for “Grossly Unfair” Drug Driving Laws

Lismore Magistrate David Heilpern stood down from his position earlier this year citing unethical drug driving laws. Mr Heilpern stated that the laws were so “grossly unfair” that he could no longer apply them. “[T]he vast majority of people who are brought before the courts on this charge, are not affected [by the drug],” he …

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Garbage Truck Driver Not Guilty of Dangerous Driving in Tragic Dee Why Accident

Northern Beaches accident results in death of a grandmother On 7 May 2020, Mr Teremoana Tekii, the driver of the garbage truck which brought about the unfortunate death of Ms Hane Mathieson on 8 February 2018 at Dee Why, was cleared by the court of dangerous driving causing death.  Prior to the collision, Ms Mathieson …

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Mr Teremoana Tekii’s statement on tragic Dee Why garbage truck accident

MEDIA RELEASE R v TEKII Following his acquittal in the Sydney District Court today, garbage truck driver, Mr Teremoana Tekii has instructed us to release the following statement: “Mr Tekii is extremely relieved with the decision. He and his family have been under an immense level of stress and anxiety throughout the criminal justice process …

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New drink-driving laws come into effect in NSW today

Motorists caught drink-driving or drug-driving on NSW roads will lose their licence under strict new laws that come into effect from today. Any driver, even if they are a first time or low-range offender, will receive an immediate three-month licence suspension and also cop an on-the-spot fine of $561. A low-range reading is considered anything between 0.05% and …

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Crackdown on Driving Offences from September

New laws are set to come into effect in September which will increase the penalties for drug driving and illegal mobile phone use. These are the changes that you need to know to ensure that you avoid being hit with demerit points, a fine or licence disqualification. Mobile Drug Testing Regime The current system of …

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Proposed Changes to Drink-Driving Laws

Proposed changes to drink-driving laws will see an increase in the penalties given to NSW drivers if they are caught driving under the influence of alcohol or drugs. Roads Minister Melinda Pavey introduced a new law to Parliament last week targeting drink drivers and drug drivers. Police given the power to issue on-the-spot fines Under the proposed …

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Changes to Licence Disqualification Scheme

Disqualified drivers can reapply for their licences under the new reforms Reforms to the driving licence disqualification scheme were introduced in October last year. The changes allow people who have had their licence disqualified to apply to the courts to have the remaining disqualification period removed. They will need to prove that they have not …

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Mobile Drug Tests: The Need to Review Existing Regimes

Australia’s current drug driving laws punish individuals who present no risk to other drivers, and attempts to bring the war on drugs into traffic management, but on a completely false pretext. Police are ramping up the use of roadside MDTs It is an offence in Australia to drive a vehicle with illicit drugs present in …

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Our Recent Criminal Defence Case Studies

O’Brien Criminal and Civil Solicitors is continually achieving successful outcomes for our clients. We wanted to share with you our recent case studies so that you can be assured of our expertise, skill and commitment in criminal defence representation. We assisted several clients in getting no conviction recorded by way of Section 10 of the Crimes Act including two young …

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Life, Liberty and the Pursuit of Hippies : Roadside Drug Test Charges

The NSW police’s system of roadside drug testing (RDT) is a poorly justified encroachment on the freedoms of the individual. Similar to random breath testing, RDTs randomly screen drivers for marijuana, methamphetamine and ecstasy. But apart from the context in which these tests are carried out, there are few further similarities between RBTs and RDTs. Strictly …

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