New Penalties for driving offences New anti-hooning and road safety legislation came into effect today.  The penalties for offending are far more significant that those previously imposed.  Offences are broken into two categories, Type 1 and Type 2. The penalties are dependant on the type of offence and a Defendants Traffic and Criminal History.  The new legislation can be categorised as follows: Type 1 offences: 90 day vehicle impoundment for first offence such as: dangerous operation; careless driving such as burn-outs or drifting; racing, speed trials; and evade police. Towing and storage of impounded vehicle is at the driver’s expense. …

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High Range Drink Driving Repeat and those caught high range drink driving will have to install an alcohol interlock device under legislation to be introduced into NSW parliament early next year. While there is a voluntary scheme currently in place, it is believed this mandatory system will prevent at least 140 alcohol related crashes. Alcohol Interlock An alcohol interlock will be installed in a person’s car if they have been caught drink driving twice in five years, or once with a blood-alcohol level above 0.15 (high range drink driving). Magistrates will also have the power to make motorists keep the …

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The majority of motorists understand that if  they are caught drinking and driving they will loose their licence.  Indeed the bulk of our work as experienced traffic lawyers is aimed at minimising the disqualification period or securing a work licence for people caught drinking and driving.  What does take people by surprise is that they can lose their licence for sleeping in the car or even simply having the car keys in their pocket while intoxicated. The Transport Operations (Road Use Management) Act 1985 (Qld) imposes sanctions where a person who is over the relevant blood alcohol concentration: drives a …

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The Queensland Government in reaction to a number of police pursuits has imposed mandatory fines and disqualification periods for all offences of Evade Police.  While this may seem appropriate for substantial offences involving dangerous, high speed, police pursuits, the reality is that minor infringements will also see the imposition of these mandatory sentences. Section 754 of the Police Powers and Responsibilities Act 2000, makes it an offence for a driver of a motor vehicle to fail to stop if a police officer, using a police service vehicle, gives the driver a direction to stop the motor vehicle. A police officer will usually …

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New mobile phone laws came into effect last year on 1st November in New South Wales, where if your car is moving or stationary, you can not utilise your mobile phone in any way. This includes phone calls and texting obviously, but also includes playing music or having your phone switched on and in your lap. Queensland counterparts have yet to confirm whether they are introducing the new laws although police have a zero tolerance attitude toward mobile phone usage by drivers. Last financial year, Queensland Police fined 30,780 drivers for talking or texting on phones at the wheel, including …

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