Road Users Should Be Aware Of New Traffic Laws

The Road Transport Amendment (Driver Licence Disqualification) Act 2017 Act introduced
changes to the Road Transport Act 2013. These changes commenced at the end of October
2017. The changes go against the historical trend of increasing penalties and disqualification
periods and are directed at reducing the harshness of the previous penalties and
disqualification for driving offences. The reasons for the changes are seen in parliaments
second reading speech and are as follows;

 “First, the current driver licence disqualification framework increases the risk
of reoffending, with evidence showing longest qualifications are not a
deterrent to unauthorised driving, and yet some people have disqualification
periods of more than 10 years in addition to fines and imprisonment terms”.
 “Secondly, it has a serious adverse social impact, particularly on vulnerable
people and people in regional and rural areas, as long disqualifications affect
the ability to travel for education and employment purposes”.
 “Thirdly, it contributes to the over-representation of Aboriginal people in the
criminal justice system, with more than 14 per cent of those sentenced and
almost a third of those imprisoned for unauthorised driving identifying as
Aboriginal”.
 “Fourthly, it is harsher by comparison with other jurisdictions”.
 “Fifthly, it imposes a significant burden on the criminal justice system, with
about 12 per cent of people sentenced in New South Wales being sentenced
for unauthorised driving offences, increasing pressure on the court and prison
systems”.

The following problems were identified with disqualification laws:

 “First, long disqualification periods have a serious adverse impact on a

person's mobility, access to education, and access to essential goods and
services”.
 “Secondly, disqualification from driving can also have a significant negative
effect on a person's employment prospects by removing a person's transport
to work or their ability to gain work-related skills. This is particularly the case
in remote and regional areas of the State”.
 “Thirdly, disproportionate effects of unauthorised driving sanctions in regional
parts of New South Wales are particularly acute for Aboriginal communities”.

Summary of selected amendments

1. The Habitual Traffic Offender provisions were abolished;

 2. A new law regarding Licence Disqualifications was inserted. This law allows
applications to be made to the Local Court for the removal of all licence
disqualifications if the disqualified person has not been convicted of any driving
offence during the relevant offence-free period before the removal of the licence
disqualifications and the Court considers that it is appropriate to do so; and
3. Reduction in penalties for unauthorised driving offences occurred including reduction
in disqualification periods for driving

The following are the new disqualification penalties;

 Driving never licenced second offence is reduced to maximum disqualification of 12

months with the minimum disqualification being 3 months;
 Driving while disqualified, suspended or after licence refusal or cancellation fist
offence is reduced to a maximum disqualification being 6 months with the minimum
disqualification being 3 months;
 Driving while disqualified, suspended or after licence refusal or cancellation fist
offence is reduced to a maximum disqualification being 12 months with the minimum
being 6 months; and
 Driving after licence suspended or cancelled for non-payment of fine for first offence
being a maximum disqualification of 3 months and minimum disqualification of 1
month
 Driving after licence suspended or cancelled for non-payment of fine second or
subsequent offence Maximum disqualification of 12 months with the minimum
disqualification being 3 months

On 1 July 2018, a series of new road safety laws also came into effect across New South
Wales. The Bill making the changes is found in the Road Transport Legislation Amendment
(Road Safety) Bill 2018.

New penalties/changes for DUI

The new Bill/amendment means that for a first offence, a maximum penalty of 30 penalty
units, which is currently $3,300, or imprisonment for 18 months or both may be ordered by
the court. In addition, an automatic licence disqualification period of three years would apply.
The court may impose a longer or a shorter period of disqualification than the automatic
period; however, it must not be shorter than 12 months.
In the case of a second or subsequent offence, 50 penalty units, which is currently $5,500,
or imprisonment for two years or both may be ordered by the court. An automatic licence
disqualification period of five years, with a minimum period of two years now apply.
Note the maximum disqualifications are reserved for the worst category of offending

New offence of driving with cocaine in system

The bill also adds cocaine to the three "prescribed illicit drugs", cannabis—THC, speed/ice—
methylamphetamine, and ecstasy—MDMA, that are currently tested during roadside drug
enforcement, and will make it an offence to have cocaine present in oral fluid—saliva—when
driving. This will make New South Wales the first jurisdiction in Australia to test through
roadside oral fluid testing for this common illegal drug that can affect driving skills.

Mobile Phone camera detectors

The final amendments in the bill relate to the use of camera-based technology to enforce
mobile phone offences. The New South Wales Road Rules 2014 prohibit mobile phone use
by novice drivers and limit other licence holders' phone use. Learner, P1 and P2 drivers are
not permitted to use any function of their mobile phones while driving. Unrestricted licence
holders can only make or receive calls or play music if this does not involve touching the
phone or if the phone is in a cradle fixed to the vehicle. Heavy penalties, including double
demerits, apply. While more than 40,000 infringements were issued by police for illegal
mobile phone use in the 2016-17 financial year, emerging automated camera and software
technology will be used to supplement police enforcement and further deter motorists from
using mobile phones illegally.

Why National Criminal Lawyers?

If you have been charged with any driving offence our Team and National Criminal Lawyers
are well versed and specialists in having charges either withdrawn and otherwise achieving
favourable outcomes.
There are Three (3) reasons to choose National Criminal Lawyers:

1. We get the results

We are the experts in either beating or having the charges withdrawn AND/OR obtaining the
least restrictive penalty available. This is because no matter which option you choose http://
nationalcriminallawyers.com.au/options-at-law/ you will be dealing with experienced staff
who can make sure the evidence is not only obtained properly but also that your case is
prepared and presented to the highest best practice standards possible. This is also done
without breaking your pocket.

2. We give a Senior Defence Lawyer guarantee

No matter which option you choose National Criminal Lawyers can guarantee that a Senior
Defence Lawyer will represent you. This means that with our over 20 years of Combined
criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At NCL we know that Criminal Law is a matter of Human Rights. For this reason, we take
pride and passion in representing our clients. This pride and passion to assist those charged
with an alleged or actual breach of the criminal law is to us a matter of righteous necessity
and in that sense, you can always rest assured that National Criminal Lawyers are the best
defenders of your rights. This true not only when the police have just simply got it wrong OR
if they have got it right then we can speak with you and make sure you get you the best
result available.
Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for
more information about your options.

Things About The Assaults Charges

Being charged with an Assault charge in NSW can have devastating consequences on a
person employment and travel privileges. Assault charges are serious offences that can
affect a defendant in serious and unique ways.

Assault charges can arise in several differing circumstances and each case deserves a
specialised and focussed approach. The Crimes Act 1900 is the Act which sets out the laws
which apply in NSW. Suffice to say it is a complex set of laws.
What is an Assault?
Assault is an act where a person intentionally or recklessly causes another person to
apprehend immediate and unlawful violence. It is not always the violence itself, but the
actual fear of that violence which is the crux of the offence of assault.
Types of Assault
Assaults are divided into – “common assaults” and “aggravated assaults”.
Common Assault
 Common assault is found under s 61 of the Crimes Act 1900 (NSW) and are usually
dealt with by a Local Court; however, the prosecution can elect to have them dealt
with in the District Court.
 An assault is a Common Assault when it results in no injury, or in injuries that are not
serious or require very little medical treatment. Common assaults can also include
threats of violence, if the person making the threat has the ability to carry them out.
In New South Wales, common assault carries a maximum sentence of two years
imprisonment.

Assault Police or other officer

 If you assaulted a victim and that victim was a police officer, or a peace officer,
customs house officer, sheriff’s officer, prison officer or bailiff; AND the assault
occurred while the victim was acting in the execution of his/her duty you will unless
you have a valid defence, be guilty of Assault Officer.
Aggravated Assault
 Aggravated assault is a term used to cover a range of more serious assault offences.
Sections 32 to 54 of the Crimes Act 1900 (NSW) deal with most of the aggravated
assault offences. These assaults are categorised by the degree of injury that is
caused.
Actual bodily harm
 Assault occasioning actual bodily harm is dealt with in s 59 of the Crimes Act 1900.
What constitutes “actual bodily harm” has been decided by the courts in case law. It
includes any hurt or injury that interferes with the health or comfort of the person
assaulted. It can also include a recognisable psychiatric illness, such as a severe
depressive illness or anxiety disorder that is caused by the assault. As with common
assault, the prosecution can elect to have it dealt with in the District Court. It carries a
maximum penalty of 7 years in prison.
Grievous bodily harm
  In New South Wales, the offences relating to grievous bodily harm and wounding and
the penalties that they carry are set out in the Crimes Act 1900 between sections 33
and 54. The word grievous means really serious, but the injury does not need to be
permanent, or long lasting or life threatening.
Wounding
 Wounding is dealt with in section 33 or section 35 of the Crimes Act 1900. Wounding
means that more than just the top layer of skin is broken.
There are several other offences around assault, including:
 Assault causing death.
 Assault causing death when intoxicated.
 Assaults at schools.
 Sexual assault
 Aggravated sexual assault.
 Indecent assault charges.
 Kidnapping – Detaining A Person Without Consent.
 New one punch laws.

Defences for Assault

Alibi
 At the time the offence was being committed you were somewhere else and
therefore could not have committed the offence.
Consent Defence
 Some actions if there is consent (such as in the playing of sports may exist).
Duress
 If you were compelled to act in a certain way due to the circumstances, or the threats
of another you may be able to argue- Duress.
Lawful Excuse Defence
 Where there is an agreement to the physical contact, such as in a boxing or UFC
ring, or a doctor treating a patient or playing of other contact sport did not occur
unlawfully.
Necessity
 If your actions were necessary to prevent a greater harm from occurring, you may
have the defence of-Necessity.
Self Defence
 If you were defending yourself or another OR yours or another’s property you may
have a Defence of Self-Defence. Many people misunderstand what the limits of Self-
defence can be. Most think it is simply outlined in section 418 of the Crimes Act
1900, however, there is lawful authority to argue self-defence even in situations
where “Pre-Emptive Force” is used. Moreover, at times there are “No duties or need
to retreat”.
How to get a non-conviction for an Assault matter
Our senior criminal defence lawyers oftenrepresents clients and obtained non-convictions for
assault charges.
Our senior criminal defence lawyers represents clients often at first appearance in the Local
Court for Affray matters. In such matters we are experts in ensuring that all the preparation
work and particularly preparing concise, persuading and articulating submissions are done in
such a way to ensure the best chances the best results. At sentencing hearings our Senior
Criminal defence lawyers often submit to the Magistrate things no other criminal lawyer
would submit such as similar case law where leniency was applied. Further, we emphasis
our clients good character. Our success rates in this regard are second to none.
National Criminal Lawyers
If you are charged with an Assault offence it is essential that you receive the best legal
advice.
The defence team at National Criminal Lawyers have considerable experience in dealing
with Assault offences and so can give you the right direction at a very difficult time. Please
contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more
information about your options.