A few years ago, monkey bikes were quite popular on our roads, and causing headaches for the police and courts trying to decide if they were motor vehicles or not.A bicycle is defined in the Road Rules dictionary to mean a vehicle with two or more wheels built to be propelled partly or wholly by …
Continue reading Watt is a bicycle? Emerson v Police [2015] SASC 161
Back in 2010 the Supreme Court considered if the police were justified requiring a preliminary breath test (PBT) from a person they believed was about to drive — at least, until he saw the police. In DPP v Farmer (2010) 56 MVR 137 the Court held that it was the belief of the police that …
Continue reading Halley v Kershaw [2013] VSC 439: sleeping it off or going to drive?
Last week the Court of Appeal delivered an easy-to-digest and concise appeal in DPP v Dover [2013] VSCA 233 confirming that a driver must act voluntarily before they can be guilty of refusing a blood test following an accident.Image courtesy of Ambro / FreeDigitalPhotos.netIn April last year I posted about Dover v Doyle [2012] VSC 117, the case where a driver …
Continue reading DPP v Dover [2013] VSCA 233: voluntariness confirmed for refusing blood test
A recent case in the County Court has set the cat amongst the pigeons, after highlighting that some alcohol and drug-driving tests weren’t done by the person named on a certificate of analysis tendered by the prosecution.The case was Warren v Wesselman, an appeal at the County Court at Shepparton in May 2013, before Judge …
Continue reading I certify that I tested…nothing! Alcohol & drug-driving tests in the spotlight
A recent case in the County Court has set the cat amongst the pigeons, after highlighting that some alcohol and drug-driving tests weren’t done by the person named on a certificate of analysis tendered by the prosecution.The case was Warren v Wesselman, an appeal at the County Court at Shepparton in May 2013, before Judge …
Continue reading I certify that I tested…nothing! Alcohol & drug-driving tests in the spotlight