Will 200 year old law help this man avoid $146 speeding fine?

Image: Today / Nine News

A top Queensland barrister will use case law dating back 200 years to try to avoid a $146 speeding fine.

Tony Morris QC is mounting a landmark legal challenge against Queensland's speed-camera laws, The Courier-Mail reports.

Mr Morris says he wasn't driving when his Volvo was photographed doing 57km/h in a 50km/h zone last year.

But he won't say who was behind the wheel.

He has invoked a spousal privilege case from 1817, arguing it's unconstitutional for a Queensland court to fine him when there's evidence he was not the driver.

He says he was in a meeting with top judges when the Volvo was snapped, and they are willing to testify that he was with them.

He argues the spousal privilege principle, established in England 200 years ago, means a husband can't be compelled to provide information that incriminates his wife

 "I decline to identify the person who was in charge of the vehicle at the relevant time," Mr Morris reportedly wrote in a letter to the Department of Transport

 

Earlier this year, Mr Morris wrote to federal, state and territory attorneys-general saying he planned to challenge parts of Queensland's speed-camera laws.

Under the laws, the registered owner of a car has two options: name the driver or say they don't know who was driving. Car owners can't, under the law, say they know who the driver was but refuse to give a name.

Mr Morris has told The Courier-Mail he can't see why he should dob someone in for driving the car when the legislation is invalid.

He said the Volvo caught by the speed camera was not his usual car, but would not tell the paper who usually drove it.

The case will go to the Court of Appeal within weeks.

New Drug Driving Law - Includes Some Prescription Medicines!

People who have been prescribed powerful anxiety or pain relief drugs are being warned about a new drug-driving law.

The new legislation will includes some prescription medicines.The limit levels for which are set above  prescribed doses so most patients should still be safe to drive. Those who are unsure are advised to seek the advice of a pharmacist.

The new law, was introduced 2 March 2015 in England and Wales, aims to catch those who put the lives of others at risk while driving under the influence of drugs.

It sets very low levels for eight well known illegal drugs, including cannabis and cocaine, but also includes eight prescription drugs, where the levels have been set much higher.

Prescription drugs covered by the new law

• Clonazepam (seizures or panic disorder)
• Diazepam (anxiety disorders, alcohol withdrawal symptoms or muscle spasms)
• Flunitrazepam (AKA Rohypnol is a sedative) 
• Lorazepam (convulsions or seizures caused by epilepsy)
• Oxazepam (relieve anxiety, including anxiety caused by alcohol withdrawal)
• Temazepam ( insomnia problems)
• Methadone (heroin addiction and for pain relief)
• Morphine (moderate to severe pain)

Robert Goodwill MP, Road Safety Minister, says as long as they stay within prescribed levels, most people will still be able to get behind the wheel of a car.

"If you are taking your medicine as directed and your driving is not impaired, then you are not breaking the law and there is no need to worry," he said.

"We advise anyone who is unsure about the effects of their medication or how the new legislation may affect them, to seek the advice of their doctor or pharmacist.

"There will also be a medical defence if a driver has been taking medication as directed and is found to be over the limit but not impaired.

"Drivers who are taking prescribed medication at high doses [are advised] to carry evidence with them, such as prescriptions slips, when driving in order to minimise any inconvenience should they be asked to take a test by the police."

Ed Morrow, campaigns officer for road safety charity Brake said the organisation strongly welcomed the new drug-diving law.

"This much-needed progressive move by government will make it much easier for police to deal with illegal drug-drivers," he said.

"We are confident that the necessary measures are in place to ensure drivers who take prescription medication are not unfairly penalised.

"However, many prescription medications can have a negative effect on your ability to drive safely, and there is a worrying lack of awareness of this among the public."