National Criminal Lawyers - Road Users Should Be Aware of New Traffic Law

1. 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. 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.

3. 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://

4. 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

5. 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

6. 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”. 

7. 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.