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Police have charged 32-year-old Wilbert Gabrielle Guevara with Dangerous Driving Occasioning Death, amongst other charges after he collided with 27-year-old Maria Alejandra Landazabal Contreras who was waiting at a red light. She was riding a scooter and tragically lost her life at Liverpool Hospital a few hours after the incident. Significantly, Mr Guevara was disqualified […]

Picture this: you’re waiting for the bus in the rain. Luckily, you’re keeping dry under an umbrella, or maybe the roof of the bus stop. The bus is arriving soon and you can’t wait to get on in your dry clothes. Next thing you know a car whizzes past. The vehicle’s tyres roll into a […]

Police Sergeant Rosa Rossi recently was convicted of fraud and became the first Victorian female police officer to be sentenced to jail. In one of the most shocking cases of Police misconduct in recent memory, Rossi pleaded guilty to fraudulently obtaining six properties worth $2.6 million. The 57-year-old will spend the next two years and […]

Going to court and having to hire a lawyer can be stressful enough so the last thing you want is your lawyer speaking to you in another language with all their legal lingo!

In 2018 the NSW State Government officially rolled out the use of body worn video (BWV) cameras across NSW by members of the NSW Police Force. This means that police officers can now legally use BWV to record their interactions with members of the public, in both private and public locations. But what exactly is […]

One of the most crucial measures during this COVID-19 crisis is social distancing and self-isolating. Avoiding crowded areas and choosing to stay home can help to stem the spread of this virus and helps to protect the more vulnerable and immunocompromised members of our community. It might just be for 14 days, or it might […]

You’ve probably heard the saying, “ignorance of the law is not an excuse”. Well, in very limited circumstances it can be. In Proudman v Dayman Dixon J summarised the defence of honest and reasonable mistake of fact: “As a general rule an honest and reasonable belief in a state of facts which, if they existed, […]

Drink driving misconceptions are incredibly common. As criminal and traffic lawyers in NSW we talk to and represent people charged with drink driving every day. We’ve answered some of the most commonly asked questions questions, and addressed a few urban myths that need busting.   Drink Driving Isn’t a Criminal Offence This is another drink […]

If you’ve been given a court attendance notice or charged with a criminal offence you are required to attend court. While there are some exceptions, if you don’t attend court and don’t fall into one of the exceptions, the court may deal with the matter in your absence. Even during a pandemic, being too sick […]

If you’re going to court you’ve probably heard about the “traffic offenders program”. You may have done some research yourself, or you’ve spoken to a lawyer who might have suggested you enrol in a traffic offenders’ program. You’re probably wondering, “what is it” and “Do I really have to spend my time doing it” The short answer […]

The Coronavirus (Covid-19) is now a global pandemic. Governments worldwide are using legislative measures to isolate and quarantine people to slow the spread of the highly contagious and potentially fatal virus. Under the provisions of the Public Health Act 2010 (NSW) the Minister for Health and Medical Research can make orders or directions they consider […]

If you’ve been charged with a drink driving offence its likely that you’ll end up having to fit an interlock device to your car. Thanks to Smart Start Interlocks we now have a demonstration interlock device in our Parramatta office. Clients facing drink driving charges can actually see and hold the device that may end […]

Background of mobile phone detection cameras in NSW Mobile phone detection cameras were trialled in New South Wales between January and June 2019. The trial consisted of two fixed cameras and relocatable cameras which were moved approximately every 4 days. During that trial over 8.5 million vehicles were checked and over 100,000 drivers were found […]

Driving with cannabis or THC in your system in NSW Driving with a prescribed illicit drug in your oral fluid, blood or urine is an offence in New South Wales under s.111(1) of the Road Transport Act. Prescribed illicit drugs include: Delta-9-tetrahydrocannabinol (also known as THC), Methylamphetamine (also known as speed), 3,4-methylenedioxymethylamphetamine (also known as […]

An Apprehended Violence Order (AVO) is an order that restricts the behaviour of a person, known as a defendant, for the protection of someone else, known as the protected person or PINOP. There are 11 possible conditions which can imposed to facilitate this protection. Apprehended Violence Orders can be divided into two categories; domestic or […]

In New South Wales many of the road rules also apply to horse riders. Under the Australian Road Rules horses are included under the definition of vehicle. This means that most minor regulatory offences apply equally to both car drivers and horse riders. But you may not have heard some of the more obscure laws […]

In the final minute of a Parramatta v Wests game in July 2019 our client entered the playing field and streaked naked across the pitch. He was arrested and charged with “Enter playing field without authority” under the Sporting Venues (Invasions) Act 2003 and also “Wilful and obscene exposure” under the Summary Offences Act 1988. […]

According to the latest BOCSAR statistics from March 2019, incidents of sexual assault in NSW are stable and did not experience a significant increase over the last 24 months. Between March 2018 and March 2019, there were just shy of 6,000 reported incidents of sexual assaults across New South Wales.  Of almost 6000 reported cases only […]

The power of police officers to enforce bail conditions, has come under question during a Law Enforcement and Conduct Commission (LECC) hearing. The hearing which is taking place over the next few days, follows an increase in complaints made to the LECC surrounding police officers engaging in what has been referred to during the hearing […]

As the weather warms up more people will be taking to the water over summer, but many don’t know the laws regarding drink driving on a boat. Drink driving laws apply to any ‘vessel’ which includes not only boats but jet skis, kayaks, sailboards and kite boards. The Law on Drink Driving on A Boat […]

Police have the power to conduct random breath tests on any driver in New South Wales. But when police shut down entire roads and test every single driver is it still really random? This weekend NSW Police are running “Operation Nabbed” once again. RBT sites have been set up at every exit along several major […]

At Astor Legal we pride ourselves on being one of the best criminal and traffic law firms in New South Wales. Today we are proud to announce that Astor Legal has again been recognised in several categories by the legal research and ranking publication Doyles Guide. Astor Legal were listed as a “Recommended New South […]

Verbal assault is a commonly heard but very misunderstood phrase. In New South Wales you can be convicted of common assault even if no physical contact takes place. There are also a number of other Acts of Parliament which create offences for what is often called a verbal assault. What exactly is an assault? Most […]

In Australian law a drone is referred to as a “remotely piloted aircraft” or RPA for short. The “Civil Aviation Safety Authority” or CASA who are responsible for regulating the use of drones. Australia has strict laws surrounding the use of drones. This is particularly the case near public places and airports. Breaches of the […]

In August 2019 social media was a-buzz after Victorian Police posted on Facebook pointing out it was illegal to pay using a mobile phone in a drive-thru. The story was picked up by media outlets and is being widely reported on. At the time it was a surprise to most people that using your phone […]

Electric scooters are gaining popularity in Australia. Advances in technology mean that they are now capable of longer ranges, increased speeds, and shorter charging times. Specialist scooter stores such as Scooter Hut stock a wide range of scooters ranging from a few hundred dollars up to $4000. They are quiet, lightweight, environmentally friendly, and can […]

In NSW unrestricted licence holders have a limit of 13 demerit points. If you incur 13 or more demerit points in any 3-year period, the RMS will send you a notice of suspension. Instead of serving a period of suspension, you can apply for a good behaviour licence under section 36 of the Road Transport […]

We are pleased to announce that the team at Astor Legal is now led by Mr Avinash Singh. Mr Singh is an Accredited Specialist in Criminal Law. He brings a wealth of experience to the firm and to your matter. Before becoming the Principal Lawyer at Astor Legal, Avinash appeared for some of Australia’s most […]

A question we hear all. the. time. as criminal and traffic lawyers is: “Is drink driving a criminal offence?” Then: “It’s just a traffic offence. Not anything serious…” Drink driving offences aren’t just traffic offences. Drink driving offences are serious and prevalent criminal offence offences. Magistrates are getting tougher and tougher on drink drivers who […]