Lawtalk with Mark Stenberg, November 2016

By-The-Way of Legal Interest: Drugs, Lifestyle, Reputation & DUI

DUI was the handle for all drink drive offences in the old days. Now of course we have PCA or Prescribed Concentration of Alcohol be it Special Range (under 0.05 L & P Platers), Low Range (0.05 – 0.08), Mid Range (0.08 – 0.15) or High Range (over 0.15) for alcohol.

Separately we have DUI (Drive Under Influence of a drug) which has similar penalties to a LR PCA and MR PCA as above (mandatory loss of licence even on first offence).

Mary is a gorgeous 24 year old brunette who uses her car and licence at work who was pulled over for an RBT (roadside breath test) on a sunny Sunday afternoon on a country highway in NSW.

Of academic interest and consequence, Mary had been to a dance party on the weekend and popped a couple of pills. This drug stays in the system for a few days and accordingly she was tested positive meaning arrest, temporary suspension of licence (rather inconvenient when 200km from home) and Court Attention Notice.

I don’t know about you but if that was me at that age or my kid now, I would be pretty embarrassed as a drug or DUI conviction doesn’t impress anyone reading your driving/criminal record or your CV.

Despite a few traffic offences on her record and the stigma of this charge, Mary was extraordinarily lucky that we had a sympathetic Magistrate who did not proceed to a conviction also meaning no disqualification.

Mary said it was a life changing event where being cool does not compare to no licence and drug conviction and this has made her change her lifestyle accordingly. How about a nice cold beer or a glass of Champagne instead?

By the way, when you buy these illegal drugs and they kill you (Ratsak) or turn out to be just baking soda, there is no warranty and if you complain too loudly you may end up with broken legs or worse.

Miscellaneous Ramblings: Riding Australia

After two trips and eight weeks of overseas travel this year, it is nice to be home! We may bitch about Australia but after travelling in 17 countries this year I can make a comment that Oz is pretty good.

Sydney has a wonderful climate and we can drive and ride in a country the size of America 365 days a year, our petrol prices are low to moderate and mostly we are safe from other humans to wonder anywhere.

We have huge amount of space, 30,000 km of coastline and real adventure! I have a test bike in my garage being a 2017 KTM 1190 Adventure R and the dream for many motorcyclists is to take a year off and ride all over or around Australia on a bike like this, which theoretically can do it all.

I say avoid sand, single track, gnarly rocks and 66cm or bigger logs on a 235kg bike but the rest of Oz is yours… but for safety preferably don’t ride alone…

OSET Electric Trials Bikes

Peter Goddard who was an Australian Superbike Champion and ex 500 GP rider and WSBK legend is the importer of OSET electric trials bikes. We bought my grandson Max a kid size 12.5kW bike for his fourth birthday 18 months ago and it has been wonderful for him to develop motorbike skills and I believe you can’t start too early.

It has proper brakes and suspension and being trials, a very low seat which means he can always touch the ground meaning good confidence. His longest ride on an alkaline battery full charge was about 15km, quite excellent.

The best part of it is that it is totally silent! This means great usability and no complaints even if you live in Coogee!

His father Rob and I were invited by Peter to Kiama to ride the bigger adult electric trials bikes and we will have a test for you soon!

But look what Tesla has done, it is all happening…

Let’s live the dream and meet on the winding road or single track… and you can always contact me on mark@lawstop.com.au – 0405 064 087

Mark Stenberg
Solicitor
SYDNEY