Changes to drink-driving laws could see sober drivers being convicted of an offence

South Australia recently changed its drink-driving laws, controversially allowing individuals to be convicted of drink-driving, even if they were sober at the time they were behind the wheel of a vehicle.

For example, if there has been a traffic accident, the motorists involved are usually directed by police to submit for a breath test immediately. If for some reason any of the motorists involved leave the scene of the accident without being tested, they may be called upon to do so, within hours afterwards. If any of these drivers record a blood alcohol level over the legal limit, they have previously been able to present evidence that ‘intervening drinking’ may have affected their breath analysis result. However, the Road Traffic Act has been amended to remove this provision and extend the legal presumption that the result of a person's breath analysis test is deemed to have been their blood alcohol concentration for the preceding three hours (previously two hours), and therefore are assumed to have been drink-driving.

The primary aim behind these changes has been to assist in the prosecution of repeat offenders who used the 'intervening drinking' defence as a loophole to avoid conviction - even though this scenario was uncommon.

It is important to note that police officers can now immediately disqualify a driver's licence upon obtaining a positive result, leaving motorists in this situation with no alternative but to abstain from alcohol consumption less than three hours after driving.

To defend a charge of drink-driving, individuals must review whether all legal requirements relating to the conduct of the breath analysis were complied with. This is a highly technical area of law, and it is recommended to seek advice from experienced traffic lawyers, such as Scammell & Co Solicitors, who can advise individuals charged with drink driving or any other type of traffic offence.

Our lawyers can help you navigate the justice system and represent you in any court proceedings. They will examine your situation (including the facts and circumstances surrounding the offending). They will undertake any negotiations with Police Prosecution, pursue your defence at a trial, or prepare and conduct submissions in mitigation of penalty and if appropriate, an application for no conviction to be recorded.

For further information about the services offered by a Scammell & Co Traffic Offence lawyer, please follow the link HERE

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Updated dangerous and reckless driving laws now attract heavier penalties.

Latest SA Police figures reveal that a quarter of road fatalities recorded so far this year can be attributed to dangerous driving. Examples of this type of behaviour include:

An amendment to the legislation relating to dangerous and reckless behaviour and providing for heavier penalties, in particular longer periods of imprisonment, was recently brought into effect, to discourage hoon behaviour on South Australian roads.  For example, at the discretion of the courts, first-time offenders convicted of driving at 55km/hr or more above the speed limit could be gaoled for up to three years and face a mandatory minimum two-year licence disqualification. Moreover, the imprisonment and disqualification period could increase to up to five years for subsequent extreme speeding offences. This would also apply if the speeding is done in conjunction with:

These new laws also give police the power to crush or even sell-off a driver’s vehicle after 38 days if the accused fails to pay up to $1,395.50 for the release of their impounded car.

If you are accused of driving at these excessive speeds, you will be issued with a summons to appear in court or even worse, arrested and presented to a court with the risk of not receiving bail and being remanded in custody. If you find yourself charged with such an offence, you should seek legal representation as soon as possible. A Scammell & Co lawyer will fully examine your situation (including the material facts and circumstances surrounding the incident). They will undertake any negotiations with Police Prosecution if there is insufficient evidence to convict you or we can identify a defence to pursue, assist you to navigate the court system, pursue your defence at a trial, or prepare and conduct submissions in mitigation of penalty and if appropriate, an application for no conviction to be recorded.

For further information about Scammell & Co's services relating to police matters and traffic offences click here

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Drug-driving offences are on the rise and so too are the penalties. Here's what you need to know.

Latest SA Police figures indicate that improved drug testing processes have led to more drug-driving detections than ever before. In 2020, drug-driving detections totalled 5,500, compared to 2,284 in 2011.

By comparison, drink-driving offences have fallen, with the number of drivers caught with a blood-alcohol reading above the 0.05 limit down by 56 per cent, from 16,112 in 2011 to 7,059 in 2020.

Someone is guilty of an offence if the police can prove beyond reasonable doubt that they have driven, or attempted to drive, a motor vehicle with any amount of a prescribed drug in their system. Police can require a driver to undergo a random roadside drug-screening (saliva) test, so long as an alco-test or breath analysis has been conducted first. These tests can detect THC (cannabis), Methylamphetamine (speed, ice or crystal meth) and MDMA (ecstasy).

If the alleged offender tests positive to one of these substances, they cannot drive until the drug is undetectable in their system. Many drugs can remain in the system for hours or even days after they have been taken. If the saliva test indicates the presence of a prescribed drug, an oral fluid sample will be taken and sent to a laboratory for testing. This formal process can take several weeks to complete. In the meantime, the alleged offender cannot be fined or charged until a positive result is confirmed.

It may be a defence to a drug-driving offence, if the alleged offender raises a defence at a trial that they did not knowingly consume the prescribed drug present in the defendant's oral fluid or blood and prosecution cannot prove beyond reasonable doubt that this was not the case.

For a first drug-driving offence, if an expiation notice is issued by the police, the person will receive an $803 fine and disqualification period of 3 months. If the alleged offender is charged with a drug-driving offence or elects to be prosecuted for a first offence, the court will impose a minimum fine of $900 and a minimum disqualification period of 6 months if they are convicted of the offence. If it is alleged the person committed this offence while a child under 16 years was also present in their vehicle, the same penalties apply as if the person was charged with driving with a prescribed drug in oral fluid or blood and the fine will range between $600 and $1300, and a disqualification period between a minimum of 3 months and 6 months will be imposed, depending on whether it is expiated, or the person is charged/elects to be prosecuted and is convicted of the offence in court.

Penalties are higher if the offender has previous drug-driving convictions. If the offender held a full licence, they will be issued with a probationary licence at the time they reapply for their licence. The offender will also incur 4 demerit points for the offence.

A court may reduce a disqualification period in limited circumstances where the offending is considered trifling. It is advisable to seek legal advice before paying an expiation notice or attending court for a drug driving charge. Engaging the services of a Scammell & Co Police and Traffic Offence lawyer will give you the best chance possible of achieving the most favourable outcome.

For further information on driving and traffic offences and how a Scammell & Co lawyer can assist you, click here.

For further information on driving laws and driving offence penalties in South Australia, click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Losing demerit points due to driver distraction can put you at risk of losing your drivers licence. Here are your options.

Driver distraction is a major contributor to deaths and serious injury on SA roads. In an Australian Road Safety Foundation survey, a whopping 79 per cent of Australian motorists admitted to general risky behaviour. SA police figures show that between 2015 and 2019 43 per cent of fatalities and 48 per cent of serious injuries were attributed to distraction. So far, 24 lives have been lost on SA roads in 2020 (08 Aug) due to driver distraction.

Some of the traffic offences which can result from driver distraction include:

Despite the obvious dangers, a third of SA drivers surveyed admitted to regularly using their mobile phones in the illegal hand-held mode. SA drivers caught using a mobile phone while their vehicle is
either moving or stationary in traffic (for example, waiting at traffic lights) will be issued with a $544 fine, as well as a loss of 3 demerit points.

Drivers in receipt of a traffic infringement notice may wish to challenge their fine. Your options are either to defend the matter if your lawyer can identify a defence, or you can apply for a reduction of the demerit points if your offending was trifling in nature, or other proper cause exists relating to your driving behaviour.

Either way, it is important not to pay the fine, for even if you are guilty, once your fine is paid you will automatically lose the demerit points that we could otherwise have reduced to avoid a Notice of Disqualification issued by the Department of Transport and Infrastructure.

At your earliest opportunity, contact a Scammell & Co. traffic offence lawyer to discuss your options.

For further information about our traffic and driving offence services please click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.