In Australia we have a right to silence. With a few exceptions[1], you don’t have to answer any questions asked by police. And if you are charged and come before a court, the court can’t draw an … [Read more...]
Confused about the truck and bus speed laws? Here’s why.
On 1 May 2019, the SA Government passed new laws affecting drivers of trucks and buses on the SE Freeway. The law I have been focussing on for the past few months is the offence of exceeding the … [Read more...]
Truck drivers lose licences under new truck and bus speed laws in South Australia
New legislation introduced on 1 May 2019 drastically increases the penalties for trucks and buses exceeding the speed limit on “prescribed roads”. Section 45C of the Road Traffic Act creates two … [Read more...]
Citizen’s arrests: what are they, when can you perform one, and what are the risks?
Citizen’s arrests have been in the spotlight recently with stories about people detaining offenders breaking into their homes. There has also been a recent court case when a man was himself charged … [Read more...]
Expiation Notices: Should you pay the fine or elect to be prosecuted?
I make very few guarantees when I represent clients. However, one of the guarantees I do make is that if you pay the Expiation Notice fee, you will incur the penalties applicable to the offence. … [Read more...]
Have you been affected by the withdrawal of LIDAR speed guns?
South Australian Police announced on 29 November 2018 that all prosecutions of speeding offences detected by hand held LIDAR guns would be withdrawn and that people who have been issued expiation … [Read more...]
Supreme Court speeding judgments – what do they mean?
On Thursday 19 July 2018, the South Australian Supreme Court published three significant judgments about the use of hand held LIDAR speed guns to detect vehicle speeds. These cases all relied on the … [Read more...]
Obscure traffic offences and how to defend them: driving more than 25kph past emergency vehicles
In 2014 South Australia reduced the speed for driving past emergency vehicles to 25kph, down from 40kph. South Australia is the only state which makes it an offence to drive more than 25kph through … [Read more...]
Obscure traffic offences and how to defend them: Driving through a yellow traffic light
Rule 57 of the Australian Road Rules states that a driver approaching a yellow traffic light must stop: if there is a stop line and the driver can stop safely before reaching the stop line—as … [Read more...]
SCHOOLIES WEEKEND
One of my busiest times of the year is the week following Schoolies, when parents call me because their child has been arrested over the weekend. Often, those parents are the same parents who think … [Read more...]
