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Doogue & O'Brien News

Trial exposes culture of snitches

30/09/2011

FOR as long as there have been crooks there have been snitches, but only after his death was Carl Williams revealed as one of them.

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Electronic Discovery

6/06/2011

A Melbourne law firm is proving that technology can make business better and life easier.

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Drink Driving Articles

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Drink Driving Offences - Does defence under s. 55(9) of RSA extend to offence under s. 49(1)(e)


Challenge of summons, failure to specify location of offence correctly


Consequences of a police officer not informing of right to obtain a blood sample


Difference between a request to accompany and a request to accompany and remain


Drink driving and advice from police informant not to provide a blood sample


Drink driving and blood sample taken outside 3 hours


Drink driving and failure to provide blood sample to informant


Drink driving and penalties, no conviction on previous offence


Drink driving and service of Charge and Summons by post (s. 49(1)(b))


Drink driving and service of summons, failure to comply with statutory requirements


Drink driving and the requirement to serve notice on Informant of intention to challenge BAC certificate


Drink Driving and whether necessay to establish a preliminary breath testing station as a pre-requisite to an offence under s. 49(1)(b) and 49(1)(f)


Drink driving and whether onus on proseuction to prove conformity with regulsations under sections 49(1)(b) & 49(1)(f) of the RSA


Drink driving and whether the precise recital of the requirement to accompany police for a breath test required to prosecute offence under s. 49(1)(e)


Drink drivng and the presumption of continuance, admissiblity of BAC and 3 hour rule


Establish a PBT station as a pre-requisite to an offence under s. 49(1)(b) and 49(1)(f)


Failure to provide driver a copy of the bac certificate.


Failure to serve bac certificate on defendant within time (s. 49(1)(b))


Failure to specify correct location for a charge under s. 49(1)(f) does not render the charge defective


Proving defendant had a zero license condition as an element to the offence


Refusal to provide breath sample, Whether Police had reasonable belief


Refusal to remain at breath-testing station


Requirement to identify themselves as a registered medical practitioner etc


Summons/subpoena to produce maintenance records of instrument


Taking blood sample, whether must prove request for breath test first


Traffic infringement notice is a prior offence for calculating disqualification


Whether element of offence that prescribed device present at the time request made


Whether element to offence to explain consequences of refusal


Whether informant required at the outset to inform of requirements under s. 55(1)


Whether instrument used must meet definition of "breath analysing instrument"


Whether ommissions create a nullity or defective charge


Whether permissible to use expert evidence in defence to a charge under s. 49(1)(f)


whether prosecution bears onus of establishing breathalyser operated properly


Whether requirement to attend police station be made on reasonable grounds


whether s. 49(1)(f) is to be dismissed vs s. 49(1)(b)


Whether the precise recital of the requirement to accompany police required


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