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</td> legal advice
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For most proceedings, 1 the issue is determined by whether the proceeding relates to the Continuing Council’s or the New Council’s local government area. Under the de-amalgamation regulations, 2 if a proceedingto the New Council’s local government area, but could have been started or continued by or against the Continuing Council before the Changeover Date, the proceeding must, nonetheless, be started or continued by or against the New Council. For existing proceedings related to land wholly within the New Council’s local government area, or decisions relating to the New Council’s local government area, the New Council replaces the Continuing Council as a party.
It comes to light at a time when cycling advocacy groups are renewing a national campaign for a minimum passing distance law, following the death of cyclist Richard Pollett in similar circumstances. Craig Cowled, 38, who lost 1.5 litres of blood while spending seven hours in surgery, remembers the events leading up to the incident clearly, including an early premonition of danger. Mr Cowled said he started off again, "really putting my head down", taking a legal position in the middle of the left lane and staying out of a turning lane while constantly doing "head checks" over his shoulder for following cars.
I fear it will not be long before a savvy defence lawyer seizes the opportunity to use such prejudicial commentary as grounds for appeal – perhaps resulting in a trial being aborted at great public expense or even a verdict quashed. That would be the exact opposite of what most of these commenters and the police would want. Social media is clearly a superb resource for police and other agencies to use to connect with their communities and to build public trust. But let’s get sensible with this. A police spokesman said she returned a blood alcohol concentration of108, putting her in the mid-range category of drink driving charges.
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