Loxley Law in Murwillumbah, New South Wales | Lawyer & law firm

Loxley Law

Locality: Murwillumbah, New South Wales

Phone: +61 455 729 988

Address: 2, 47-59 Murwillumbah Street 2484 Murwillumbah, NSW, Australia

Website: http://loxleylaw.com.au

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25.01.2022 Concerned your children may fight over your Will? Do you need a Will or your current Will updated? Loxley Law will prepare or update your simple Will for a fixed fee of $150. Email [email protected] to make an appointment to discuss your affairs before it's too late and punches start flying. Loxley law - Not your typical lawyers.

03.01.2022 "Changes to the presence offence will mean a change to how solicitors represent" The recent changes to the NSW sentencing regime in respect of driving with an illicit drug present in saliva must see a like change in the way that solicitors deal with these matters before the Courts. No longer will defendants be pleading guilty and asking the court for a section 10 Bond allowing them to retain their drivers licence. The reason? If unsuccessful, the period of disqualification w...ill be doubled from the automatic 3 months to 6 months. My advice to anyone who is concerned that they may be charged with a presence offence should first and foremost read the advice found on the Transport for NSW Road Safety website which states the following: Cannabis can typically be detected in saliva by an MDT test stick for up to 12 hours after use. Secondly, read the Judgment of Magistrate Heilpern in the recent decision in 'Spackman' whereby Dr Judith Perl, of the polices Impaired Driving Research Unit suggested that cannabis should not be detected in saliva after 24 hours if smoked. Then, if you are pulled over by the police with cannabis in your saliva make sure that you state that you smoked cannabis more than 24 hours ago (36 hours to 48 hours is better) and that you honestly believed that it would not be in your system after that length of time (so your Statement is on the record and contained within the Police Facts). The reason for doing so is that, if you decide to Defend the charge by entering a plea of not guilty you may then rely on the defence of an honest and reasonable belief. The defence that you would present in court is as follows: 1. You had informed yourself about the length of time it takes for cannabis to leave saliva from the Transport for NSW Road Safety website; 2. You also informed yourself by reading the judgment in Spackman and the statement of the polices Impaired Driving Research Unit (Dr Judith Perl) that cannabis should not be detected in saliva after 24 hours; 3. You were therefore acting under an 'honest belief that you were not driving with THC in your system when you were detected by the Police. The current case law suggests such a defence would result in a not guilty verdict and the retention of your drivers licence. That being said, the best option is not to drive for at least a day after you've had a smoke.