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Driving Offences In Nsw

Author: Claudia McDougall
by Claudia McDougall
Posted: May 18, 2019

In a perfect world, every driver would obey the speed limit and only drive when completely sober. But this is not a perfect world. People are often the victims of collisions due to Drug Driving in NSW or are injured due to Speeding Offences in NSW. While there are lawyers that will help these victims obtain money for their injuries, it is important to know that those charged with such offences also have rights and there are lawyers available to protect them, too.

Drug Driving Offences

In an effort to curtail drug driving incidents, in 2015 the Nsw government increased the number of roadside drug tests. As a result, the number of drug driving charges finalized in court increased from 2,331 in 2014-15 to 9,808 in 2015-16. This 320% increase made the state average in Nsw more than double the national average.

Any driving offences in Nsw may cause you penalties including, but not limited to, (i) demerit points, (ii) suspension or cancellation of your licence, (iii) fines and penalties and, of course, (iv) prison.

Common defences to charges of Drug Driving in Nsw include:

the police cannot prove who the driver was, the vehicle was not being driven or being put into motion,the breath analysis was not taken within the two (2) hour time limit required by law,the breath test was not properly administered and the blood alcohol concentration of the driver was not the same when the test was carried out from when the person was driving.

Lawyers familiar with drug driving will know how best to use these and other defences to best protect you.

Speeding Offences

If you are caught committing Speeding Offences in Nsw, you stand to lose a lot of money and, possibly, freedoms.

In addition to officers observing you do so, speeding offences may be detected by a fixed speed camera or mobile speed camera. If so, you can expect fines and licence demerit points.

Further penalties include:

Learner and P1 license holders face not less than three months’ suspension no matter how minor the speeding offence;

Exceeding the speed limit by more than 30 km/hr warrants a minimum three-month suspension;

Exceeding the speed limit by more than 45 km/hr warrants a minimum six-month suspension or possibly confiscation;

Number plates may be confiscated or impounded when a driver is caught doing more than 45 km/hr over the speed limit or a disqualified driver does more than 30 km/hr over;

A disqualified driver caught doing in excess of 45 km/hr is subject to impound or confiscation of number plates for at least six months.

As such, it is in your best interest to contact a lawyer familiar with speeding offences in order to protect your rights.

Other Defences

Lawyers will also look into the police "statement of facts" which, if inaccurate, may help reduce or even eliminate charges. Finally, if there is a legitimate reason for your criminal act (rushing to an emergency, etc.), this can also be a mitigating factor.

In any case, if you are facing a charge of drug Driving in Nsw or speeding offences in Nsw, a qualified and experienced attorney is vital to help limit the damage to you and your family.

About the Author

This article will look at the ‘essential elements’ of two offences relating to threatening and intimidating someone.

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Author: Claudia McDougall

Claudia McDougall

Member since: Oct 26, 2017
Published articles: 4

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