Northern Beaches and North Shore 24/7 Legal Sydney

September 12, 2018

Drink Driving Offences – Northern Beaches Legal Services  – DUI Have you been charged with a drink driving or Drug offence? Contact Chris Kalpage for the best advice with minimal issues. Kalpage and Co Solicitors are an experienced firm of drink driving lawyers who will help you get the best results. Chris has 34 years of experience in dealing with these matters We have attained excellent outcomes for clients. If you want the best outcome and minimal disqualification period then you should talk to Chris.   We value your time and also in this highly competitive market, 24/7 personalized attention to all our clients is assured.   Different ranges of drink driving offences   Minimising the penalties are determined by a wide range of considerations, examples below: The PCA reading, For example, if you were you pulled over for a Random Breath Test (RBT) or something adverse in your driving that brought you to police notice, Your good character, Your record, Things you may have done to mitigate your offence such as; the Traffic Offenders Intervention Program (TOIP), or in the case of repeat drink driving offenders drug and alcohol counselling, and in extreme cases psychiatric treatment. You should always bare in mind that anything you say to police when pulled over will be noted in the police fact sheet, which the prosecutors will attempt to rely on when you go to court.

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Kalpage & Co. Home

September 1, 2018

WHY CHOOSE KALPAGE AND CO SOLICITORS Chris Kalpage is a solicitor who has 34 years experience & has practised extensively in most areas of law. His particular fields of expertise are in criminal, traffic & employment law. He appears in all courts in NSW & has a practical and pragmatic approach. He understands the stress clients suffer in court cases & with his personal approach tries to alleviate that stress as much as possible to get the best result for his clients. Chris Kalpage is a keen performance car and motorbike enthusiast who understands the problems faced by his clients. Chris specialises in providing legal advice and aid, and has extensive experience acting in the following matters: Drink Driving Offences Have you been charged with a drink driving offence or driving under the influence of drugs? Then, you should contact us for the best advice and minimise the legal problems that can follow. Kalpage and Co Solicitors are an experienced firm of drink driving lawyers who will help you get the best results. Chris Kalpage has 30 years of experience in dealing with these matters. We have attained excellent outcomes for clients. If you want to obtain the best outcomes and avoid or minimise your disqualification period then you should talk to Chris Kalpage. We value your time and also in this highly competitive market, give personalized attention to all our clients. Police Pursuits Any driver involved in a police pursuit can be charged with a serious offence under the Crimes Act. One of the pivotal issues is whether the Driver knew or ought to reasonably know, or have reasonable grounds to suspect that he/she is being pursued and required to stop. Often a pursuit may commence from a police vehicle being a long way behind. For example, a police vehicle being in hiding and pursuing a speeding motorist who has gone past. If it involves a highway patrol vehicle it is imperative to view the in-car video which can illustrate whether any indication existed from the driver’s actions supporting the police contention or any other relevant matters that might emerge from the video that can assist the preparation of a defence. Apprehended Violence Orders These are often combined with Charges of Assault pursuant to the Crimes Act and Stalk Intimidate pursuant to section 13 (1) Crimes (Domestic and Personal Violence) Act 2007. If you are in a situation where you have an argument that escalates to a threat of physical violence or actual physical violence these charges may flow with the AVO. If arrested and charged for the above bail may be granted and often the bail conditions are the same as the AVO terms. The Police will often make a provisional order. The Court, in turn, can grant Interim Orders pending a final determination. Arrested and Refused Bail In situations where you have been arrested and refused bail by the police, you will often be put before the court at the earliest opportunity as you are being held in custody. Often on this appearance, you can make a bail application. Due to ever-changing and strict bail laws you should […]

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Kalpage & Co. Home

July 8, 2018

WHY CHOOSE KALPAGE AND CO SOLICITORS Chris Kalpage is a solicitor who has 34 years experience & has practised extensively in most areas of law. His particular fields of expertise are in criminal, traffic & employment law. He appears in all courts in NSW & has a practical and pragmatic approach. He understands the stress clients suffer in court cases & with his personal approach tries to alleviate that stress as much as possible to get the best result for his clients. Chris Kalpage is a keen performance car and motorbike enthusiast who understands the problems faced by his clients. Chris specialises in providing legal advice and aid, and has extensive experience acting in the following matters: Drink Driving Offences Have you been charged with a drink driving offence or driving under the influence of drugs? Then, you should contact us for the best advice and minimise the legal problems that can follow. Kalpage and Co Solicitors are an experienced firm of drink driving lawyers who will help you get the best results. Chris Kalpage has 30 years of experience in dealing with these matters. We have attained excellent outcomes for clients. If you want to obtain the best outcomes and avoid or minimise your disqualification period then you should talk to Chris Kalpage. We value your time and also in this highly competitive market, give personalized attention to all our clients. Police Pursuits Any driver involved in a police pursuit can be charged with a serious offence under the Crimes Act. One of the pivotal issues is whether the Driver knew or ought to reasonably know, or have reasonable grounds to suspect that he/she is being pursued and required to stop. Often a pursuit may commence from a police vehicle being a long way behind. For example, a police vehicle being in hiding and pursuing a speeding motorist who has gone past. If it involves a highway patrol vehicle it is imperative to view the in-car video which can illustrate whether any indication existed from the driver’s actions supporting the police contention or any other relevant matters that might emerge from the video that can assist the preparation of a defence. Apprehended Violence Orders These are often combined with Charges of Assault pursuant to the Crimes Act and Stalk Intimidate pursuant to section 13 (1) Crimes (Domestic and Personal Violence) Act 2007. If you are in a situation where you have an argument that escalates to a threat of physical violence or actual physical violence these charges may flow with the AVO. If arrested and charged for the above bail may be granted and often the bail conditions are the same as the AVO terms. The Police will often make a provisional order. The Court, in turn, can grant Interim Orders pending a final determination. Arrested and Refused Bail In situations where you have been arrested and refused bail by the police, you will often be put before the court at the earliest opportunity as you are being held in custody. Often on this appearance, you can make a bail application. Due to ever-changing and strict bail laws you should […]

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Arrested and Refused Bail

July 8, 2018

  In situations where you have been arrested and refused bail by the police, you will often be put before the court at the earliest opportunity as you are being held in custody. Often on this appearance, you can make a bail application. Due to ever changing and strict bail laws you should seek legal advice and have a properly prepared bail application, for if rejected you may not have a right to make another application. Depending on the facts of the alleged offences and your personal matters relevant to a bail application your lawyer may suggest you not making a bail application on the first appearance and may want time to get as much relevant matters addressed before making a bail application to the court. Section 19 provides that a bail authority must refuse bail if the bail authority is satisfied, on the basis of an assessment of bail concerns, that there is an unacceptable risk that if released from custody the applicant will: • fail to appear at any proceedings for the offence, or • commit a serious offence, or • endanger the safety of victims, individuals or the community, or  interfere with witnesses or evidence.   
What is a bail concern?  Section 17 provides that a bail concern is a concern that an applicant, if released from custody will: fail to appear at any proceedings for the offence, or commit a serious offence, or endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence. 
 How does the court assess whether there is a bail concern?  Section 18(1) provides an exhaustive list of the only matters that can be considered in assessing whether an applicant is a bail concern. A summary of the relevant matters follows: Person’s background, including criminal history, circumstances and community ties Nature and seriousness of the offence Strength prosecution case Whether you have a history of violence Whether you have committed a prior serious offence while on bail Whether you have a history of compliance or non-compliance bail, AVO, parole, good behaviour bonds Whether you have criminal associations The likely time spent in custody The likelihood of a custodial penalty If on appeal, whether reasonably arguable prospects of success Vulnerability or needs due to ATSI, cognitive or mental health impairment Need to prepare case & legal advice Need for liberty for any lawful reason Conduct towards victim or family member after the offence Views of victim or family member to the extent relevant to endangering safety victim, individual, community Bail conditions that could be imposed to address bail concerns What happens if your application for bail is unsuccessful?  Section 74 of the Bail Act 2013 provides that a court must refuse to hear multiple release or detention applications unless: the accused person was not previously represented, there is new information not presented before, there has been a relevant change of circumstances or the accused is a child whose prior application was on the first appearance. Please note that the section applies to multiple applications before a court only, not an authorised justice. • If this hurdle is overcome, […]

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Sentencing Options

July 7, 2018

Sentencing Options PENALTIES Dismissal and conditional discharge, Pursuant to s10 Crimes Sentencing Procedure Act, the court can find the offence proven but not proceed to conviction and the matter can be dismissed with or without conditions Bond, Pursuant to s9 Crimes Sentencing Procedure Act the court can impose a good behaviour bond for a period of time. If the bond is breached during the period it can be called up and the court can sentence on that matter. Deferred sentence, Pursuant to s 11 Crimes Sentencing Procedure Act the court can defer passing sentence for a period of up to 12 months to allow for rehabilitation to take place or an assessment for rehabilitation, or for any other purpose. Fine, Many criminal offences may carry only a fine or a fine and /or a custodial term. In terms of a fine, the act will prescribe a maximum fine and the court will determine the amount to be imposed. Community service order (CSO), A court can order that a number of hours are served doing community service for a maximum of 500 hours. Intensive correction order (ICO), If a court has determined that a full-time custodial sentence needs to be imposed it does not necessarily mean you will be incarcerated in one of New South Wales jails. The court will potentially consider alternatives to being a guest in one of these facilities. If the sentence is not more than two years a Magistrate may order a report to consider the suitability for an ICO. An ICO would result in a person not going to jail but being under the supervision of Corrective Services. Home detention, Where the total sentence imposed is for 18 Months or less the court can order a report to consider the suitability for home detention. There are many offences that are precluded from being served by way of home detention. Suspended sentence, Where a sentence of 2 years or less is imposed a court can give consideration to suspending the sentence on the basis that a good behaviour bond is entered into. A breach of the bond could result in the court giving consideration to revoking the suspension of sentence. Full-time imprisonment, This will normally involve a period of imprisonment with a non-parole period.

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Driving Whilst Suspended License

July 7, 2018

Suspended License NSW You will be charged for driving while suspended if it is found that you were driving a motor vehicle during the suspension period imposed by the RMS. But, it does not mean that you are automatically guilty of the offence. If you were not aware of your suspension by the RMS, then you may not be guilty of the offence. The law will consider the defence of “honest and reasonable mistake of fact’. You need to establish that at the relevant time you were not aware of suspension. You should contact a lawyer at the earliest opportunity before going to court. Penalties The maximum fine that can be imposed for the offence is $3,300. There is an automatic disqualification period of 12 months.   For the second offence, in case of driving whilst suspended the automatic period of disqualification is 2 years and there will be a maximum fine of $5,500. In the case, where you were suspended for a nonpayment of fines and this is your first offence then the court will be more inclined to exercise leniency. If you are charged with a traffic offence, contact Chris Kalpage, the head solicitor of Kalpage & Co Solicitors, 24/7, rather than facing worry and uncertainty on your own. For more details on driving while suspended, call us (02) 9230 0448 / 0418 211 074 or email: kalpage@aol.com

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Habitual Offenders

July 7, 2018

Habitual Offenders A holder of a licence can be declared an habitual offender if : You are found guilty of 3 serious offences, within 5 years by the courts. A person will be disqualified from driving for 5 years unless a court rules otherwise. This will be in addition to any disqualification resulting from the third major offence. The court may order a longer period of disqualification. The court may also, at the time of conviction, or at a later time, quash the declaration. You have to establish that the disqualification imposed is disproportionate and unjust having regard to your total driving record or special circumstances of the case. At the conviction for the third offence, a request can be made to the convicting Magistrate to quash the habitual offender declaration. In some instances, it is preferable to make that application at a later date after the main disqualification period has ended so that some time has elapsed between the offending behaviour and the application. For the purpose of the Habitual Offenders Scheme, serious offences include a major offence referred to in section 205 of the Road Transport Act 2013. For example: Where a vehicle is involved: The crime of murder or manslaughter or an offence under the Crimes Act 1900 Driving at a dangerous speed or in a dangerous manner, Driving recklessly, or at speed or in a dangerous manner while engaged in a police pursuit,   Furious driving, reckless driving, menacing driving, Negligent driving where death or grievous bodily harm is occasioned, Drink and drug driving offences, Fail to stop and give assistance in an accident involving death or injury, Driving whilst disqualified, cancelled, suspended or refused, A conviction for an offence of exceeding the speed limit by more than 45km/h, A conviction for unlicensed, never licensed. If you are charged with a traffic offence, contact Chris Kalpage, the head solicitor of Kalpage & Co Solicitors, 24/7, rather than facing worry and uncertainty on your own. For more details on habitual offenders, call us (02) 9230 0448 / 0418 211 074 or email: kalpage@aol.com

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Suspended License NSW

July 7, 2018

Suspended License NSW There are many ways one can lose a drivers licence some examples are; Suspension by The Roads And Maritime Services (RMS) formerly the RTA for a number of reasons some of them are: Demerit Points, Speed over 30 and 45, Habitual Offenders, Suspension by the police Disqualification by the Courts It is imperative to seek legal advice as soon as any driving offence occurs to minimise this risk. Our principal Chris Kalpage has over 34 years experience fighting for clients to prevent or minimise licence loss and travels to courts all over New South Wales to represent clients. We are highly experienced and compassionate and are committed to offering complete guidance to clients who are looking for speedy resolutions to their matters. You should always keep in mind that most appeals to a Local Court against an RMS or Police suspension are final and you need to get it right the first time. Chris on occasion gets calls from people who have decided to do it themselves and got it wrong and have obtained an adverse decision. In the majority of cases unless there is an issue of law you are bound by the decision of the Local Court. We are ready to accept all your enquires 24 hours a day 7 days a week and take pride in being the first one to answer your questions and work closely with you in order to assist you.     Automatic Speeding Suspension: Often clients will be caught for travelling at a speed for which if the fine is paid will result in mandatory periods of suspension by the Road and Maritime Services (RMS). The duration of such suspension will depend on the speed that you were alleged to be travelling at: A speed greater than 30 km/hr will result in your licence being suspended for 3 months A speed greater than 45 km/hr, will result in your licence being suspended for 6 months. Immediate Police suspension: Police have the authority to immediately suspend and confiscate your licence for offences such as: A serious offence related to driving that can cause death and grievous bodily harm Speeding greater than 45 km/hr. Speeding greater than 30 km/hr over the speed limit while the holder of learner or provisional licence In the case of a street racing offence Driving that is unaccompanied by supervising driver while the holder of learner licence. Defences to Speeding Matters There are many ways that these sorts of serious speeding offences can be dealt with and it is important to speak to a solicitor at the earliest opportunity. Irrespective of what many people believe, speeding fines can often be successfully challenged. It is important to analyse the method by which the speed was assessed; was it Lidar, Silver Eagle radar, a Check Speed, or an Estimate by the police and the area that the assessment was done in and the manner of that assessment. We have previously defended many clients who have challenged speeding offences. There is the possibility on taking the matter to the court that a finding can be made of a lesser […]

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Road Rage

July 7, 2018

Road Rage Today in the ever increasing stress of traffic congestion and rush, events of aggression between drivers’ of vehicles are more common. With the prevalence of mobile phone cameras and dashboard cameras, there is a high probability that either the participants in the altercation or bystanders will video the event. Accordingly, there are more charges arising from these incidents. Even if the police decide not to lay charges of predatory driving they can lay other charges such as Drive Manner Dangerous, or Negligent Driving, or various assault charges amongst others. Such matters may proceed under the charge of predatory driving and in addition to a fine has a maximum penalty of 5 years imprisonment. The types of driving caught by this legislation can include, extremely aggressive driving, tailgating and road rage. Potential Defences to this section can include: Duress, Self Defence, Necessity CRIMES ACT 1900 – SECT 51A Predatory driving 51A Predatory driving (1) The driver of a vehicle who, while in pursuit of or travelling near another vehicle: (a) engages in a course of conduct that causes or threatens an impact involving the other vehicle, and (b) intends by that course of conduct to cause a person in the other vehicle actual bodily harm, is guilty of an offence and liable to imprisonment for 5 years. (2) This section does not take away the liability of any person to be prosecuted for or found guilty of an offence under this Act or of any other offence, or affect the punishment that may be imposed for any such offence.  However, a person who: (a) has been convicted or acquitted of an offence under this section cannot be prosecuted for any other offence under this Act on the same, or substantially the same, facts, or (b) has been convicted or acquitted of any other offence under this Act cannot be prosecuted for an offence under this section on the same, or substantially the same, facts. (3) In this section: “impact” involving a vehicle includes: (a) an impact with any other vehicle or with a person or object, or (b) the vehicle overturning or leaving a road.

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Police Pursuits

July 7, 2018

Police Pursuits Any driver involved in a police pursuit can be charged with a serious offence under the Crimes Act. One of the pivotal issues is whether the Driver knew or ought to reasonably know, or have reasonable grounds to suspect that he/she is being pursued and required to stop. Often a pursuit may commence from a police vehicle being a long way behind. For example, a police vehicle being in hiding and pursuing a speeding motorist who has gone past. If it involves a highway patrol vehicle it is imperative to view the in-car video which can illustrate whether any indication existed from the driver’s actions supporting the police contention or any other relevant matters that might emerge from the video that can assist the preparation of a defence. CRIMES ACT 1900 – SECT 51B Police pursuits 51B Police pursuits (1) The driver of a vehicle: (a) who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and (b) who does not stop the vehicle, and (c) who then drives the vehicle recklessly or at a speed or in a manner dangerous to others, is guilty of an offence. Maximum penalty: (a) in the case of a first offence-imprisonment for 3 years, or (b) in the case of an offence on a second or subsequent occasion-imprisonment for 5 years. (2) In this section, “vehicle” has the same meaning as it has in section 52A.

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