Evans Testa Barristers & Solicitors

02/04/2025

29/08/2022

From today, police have the power to immediately disqualify the licence of a driver committing an extreme speed offence.

Following laws passed in state parliament in December 2021, a person driving at extreme speed or causing death by use of a motor vehicle can now be issued with a notice of disqualification or suspension under the criminal law consolidation act.

The new laws also mean that motorists convicted of driving at an extreme speed for a first offence:
🔻can be jailed for up to three years and
🔻face a mandatory minimum two-year licence disqualification

🔻The licence disqualification period is increased to five years for a subsequent offence.

Extreme speed is defined as:
🔷driving at 55km/hr or more above the limit in a zone marked 60 or less, or
🔷80km/hr or more above the limit in a zone marked above 60

In certain circumstances, the maximum penalty is up to five years imprisonment with a mandatory minimum licence disqualification for five years.

Superintendent Bob Gray, Officer in Charge Traffic Services Branch said the penalties for extreme speed are consistent with the criminal nature of the offence and reflect the high level of danger posed by such an irresponsible act.

"These penalties send a strong message to people who choose to threaten the safety of other innocent members of the community by driving at extreme speed.

"Driving in a way that endangers lives is a criminal act and will be treated as such by police," Supt Gray said.

01/12/2021

As you may have read or heard this morning, new laws are giving new powers.

In an Australian first, we have shut down a dangerous loophole that allowed dangerous motorists to continue driving despite a positive drug test.

That was unacceptable.

Now drug drivers will be instantly stripped of their licence following a positive roadside drug test result.

We will continue implementing new road safety measures to protect South Australians.



South Australia Police

23/09/2020

ET is right behind you Brendan

Join cyclists across Australia from 1-30 Sept, choose your distance and fundraising goal, and ride the distance for sick kids.

10/09/2020

Some much needed information from the ATO

Do not fall victim to these scammers

🚨 SCAM ALERT 🚨 We’re seeing a growing number of people making large payments for fake tax debts. Don’t get caught! These phone calls will tell you that you owe money and need to pay it straight away or you’ll be arrested. The scammer will try to keep you on the line until you pay, often by unusual methods such as bitcoin, pre-paid credit cards or gift cards.

If you get a call like this, hang up and don’t provide any info. We’ll never:
🙅 threaten you with immediate arrest
🙅 send unsolicited pre-recorded messages to your phone
🙅 keep you on the line until a payment is made
🙅 request payment of debts via bitcoin, gift cards or other vouchers.

Warn your family and friends to stay alert and visit our scams page to learn more: www.ato.gov.au/general/online-services/identity-security/verify-or-report-a-scam/

13/05/2020

Mobile phone questions

This will make it easier for those who question it

Not sure about the rules for using a phone while driving? 🤔
Here are the answers to some of our most frequently asked questions. ⬇️

📲 Can I use a mobile phone while driving?
L and P platers can’t use a mobile phone for anything whilst driving.

If you are not a L or P plater then a mobile phone may ONLY be used to make or receive a phone call (defined to exclude email, text or video messages) and ONLY if the phone is either:
- Secured in a mounting affixed to the vehicle - the mounting must be commercially designed and manufactured for the purpose and attached as the manufacturer intended; or
- Remotely operated. The phone must not be held by or resting on the body (driver’s pocket or pouch excluded) and there must be no touching of the keypad.

📲 Can I use my hand held phone on loudspeaker?
Yes. If you are not an L or P1 driver you may use a mobile phone on loudspeaker providing that it is secured in a mounting that is commercially designed and manufactured and affixed to the vehicle in the manner intended by the manufacturer.

You can also use loudspeaker if your phone is remotely operated. For example, if it is voice activated or through an earpiece or headset, and the phone is not held by or resting on any part of the body and there is no use of the keypad of the phone.

📲 Can I send a text message or email while driving?
No. A driver is not permitted to send a text message or email while driving.

📲 Can I use my phone to make and answer calls if I am parked on the side of the road?
Yes. It is legal for a driver to make or receive calls and use any other function of any type of mobile phone if the car is parked (but not stationary in a traffic queue or at lights).

📲 Can I rest the phone on my lap and use it on loud speaker?
No. A driver is not allowed to rest or hold the phone on any part of their body. If the phone has to be touched to activate the loud speaker function it has to be secured in a commercially designed and manufactured mounting affixed to the vehicle in the manner intended by the manufacturer. If the phone is remotely activated it can be placed in the driver’s pocket, or a pouch worn by the driver.

📲 Can I answer a call while driving?
Yes. A driver is able to answer a call while driving by touching the phone or keypad if the phone is mounted securely in the vehicle in a mounting commercially designed and manufactured for the purpose of holding a phone.

But if the phone is not mounted or remotely activated then a driver is NOT able to answer the call.

📲 Can I use a GPS/phone map while driving if I do not touch the phone?
Mobile phones can be used for GPS functions whilst driving but they must be in a cradle designed for holding the phone.

This link provides a reference: https://mylicence.sa.gov.au/road-rules/the-drivers-handbook/mobile_phones_while_driving

📲 Can the police charge me for using a mobile phone while driving?
Yes. The maximum court imposed penalty is $2,500.

📲 How come Police Officers can use their phone while on duty and driving?
While on duty, drivers of police and emergency vehicles are excluded from prohibition of use of a mobile phone.

➡️ More answers and in-depth information about mobile phone use in vehicles can be found here. We encourage all drivers to read the information carefully: www.dpti.sa.gov.au/towardszerotogether/Safer_behaviours/inattention/faqs_on_mobile_phone_usage?fbclid=IwAR3ePoY9M3zJcizSua3SCdQ9Qa59AzAz1nyzrd0Uoe95KeDeTVUFw_9RtdA

11/05/2020

Just a bit of light reading

A hair tie is for your hair

$594 buys a lot of them !!

During Operation Fatal Distraction, a recent traffic operation targeting mobile phone use, police heard multiple excuses from distracted drivers who were pulled over for using their phone. 📱❌

One man in particular had his phone attached to the dashboard with a hair tie when he was pulled over in Plympton.

When asked by police why he did this, he said it was because he saw it on YouTube.

The man was also caught using his phone at the time while driving to type and read text messages.

He was fined $594 for that distraction based offence and was also cautioned for the hair tie "hack" and advised to purchase a proper car kit.

The attached photo has been taken from a YouTube video as an example of the hair tie "hack." It is not a photo of the actual incident.

Despite what social media videos might tell you, police would like to remind drivers that this hair tie "hack" is illegal.

A mobile phone can only be secured to a mounting affixed to a vehicle if, and only if:

(a) the mounting is commercially designed and manufactured for that purpose; and

(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

Long story short: You cannot use a hair tie to secure your phone. You must use a phone mounting that has been designed specifically for that purpose.

Please also remember that driving is a complex task and using a phone for ANY reason can significantly impair your reaction time, your ability to maintain speed and your ability to judge safe gaps in traffic.

19/04/2020

In these times, whatever they are. We meet people who, despite their own needs, will always help others out.

We at Evans Testa lawyers today learned we have a garden fairy. A chap who visits us and hedges the bushes , keeping the aesthetic a few times a year.

Today we saw you, we do not know you, we do not even know your name to say thank you.

We though, do say thank you from the bottom of our hearts.

We only hope you get back 10 fold of what you give

03/04/2020

Times are a changing thanks to Covid-19 , 🙁 but not everything can stop

We are continuing to provide legal services and assistance for people at all times. Some legal services cannot stop even with the problems we are experiencing in the world at the moment.

We can accommodate your needs in person where necessary and of course from a distance

Open 24hr 82632400 or 0409645733

In a world of digital connectivity, coronavirus is wreaking havoc on businesses reliant on person-to-person contact. When the pandemic passes, laws and practices must change to reflect the new reality, writes Morry Bailes.

25/03/2020

Not a pleasant subject, but one that must be thought about for many people.

Do you have your individual and family affairs in order.

In unknown circumstances as we are in now, we should ensure that all our legal affairs are in order and that of course involves having a legally valid Will and / or A Power of Attorney and / or Advanced Care Directive.

Tonight I read on many Facebook posts about the panic mode of wanting to complete Australia Post / home Will kits, downloading examples from the Internet, and suggesting going to charities and having them help.

As a practising lawyer in the specific area we do NOT RECOMMEND any of the above.

To keep your Will in the form you want, to provide the directions and wishes you want, spend the money and have it done by a lawyer experienced in the area.

Home Will kits may ask the right questions but unfortunately people do not respond with the correct answers and in an order that is required for it to be valid.

Charities will often offer support in having Wills drawn however there can be catch-all’s in which the Will is free IF you appoint that charity as either the executor and / or you leave them as a beneficiary.

If you are concerned enough to be thinking about it, and talking about it, it is quite likely it’s because you are thinking about your family and what they will receive from you.

The only way you have a chance of success for this to occur is having a properly legally drawn Will.

We offer a free phone call to our office to discuss the options available, we offer to meet with you at one of our three located offices and we even offer to come to your home if you have difficulties that prevent you from travelling.

A basic Will, will cost you no more than $320 as an individual, $500 as a couple. (Inclusive gst) and multiple certified copies at no extra charge

We can add a Power of Attorney and / or an Advanced Care Directive for an additional fee

In some instances where a Will is significantly complex and, which may include things extremely out of the ordinary, we are happy to speak with you in relation to your personal requirements.

In the seven years that this firm has been practising we have never exceeded the single and couple price for drawing a Will as we feel your complex is not our complex.

As a small suburban firm we able to offer small costings but with big city experience as we’ve one both.

When a will is made using a Will kit, using a downloaded form which ordinarily is not even a document recognised in Australia as it is littered with American terminology or it is drawn by a person who either has no legal experience in this area or thinks they have legal experience in this area is a document bound to fail.

When that document needs to be used it is found it has no standing and unfortunately those benefits you were leaving for your family are not going to happen or may happen in smaller divisions.

Your estate will end up paying for those rectifications and leaving your beneficiaries with less than you hoped and sometimes nothing at all.

Please do not get bogged down with the ‘my friend told someone that this happened style story’ these matters always have an underlying story not mentioned.

The cheapest now may end up being the most expensive later.

These are real legal matters that should be dealt with by lawyers not keyboard warriors or those that know someone who know someone and remember just because a lawyer is a lawyer it does not mean that this is a specialty for them

Think about it, if you broke your leg would you go to a gastroenterologist ? They are both doctors but ...

26/11/2019

New steps in NSW , We’re sure South Australia will not be too far away - watch this space !!

Every day Australian drivers are caught on camera using their phones eating, reading and even doing drugs at speeds of up to 100km/h.