Sophia Naismith: New killer driving law crackdown after Adelaide teen’s death in Lamborghini crash

Careless drivers and boaties who kill or cause serious harm will face harsher jail terms and have their licence immediately suspended.

Careless drivers and boaties who kill or cause serious harm will face harsher jail terms and have their licence immediately suspended, under landmark laws after Sophia Naismith’s death.

In what has been dubbed “Sophia’s Law”, the state government will on Wednesday table new driving and boating legislation to parliament after public outrage at a crash that killed the Adelaide teenager.

The reforms, which Sophia’s family championed and that will become law with bipartisan support, creates a specific “careless” driving homicide criminal offence for the first time.

Senior government sources say the changes bridge a gap between careless and dangerous driving offences, which Sophia’s needless death highlighted.

Attorney-General Kyam Maher on Monday briefed Sophia’s southern suburbs-based parents, Pia Vogrin, 48, and Luke Naismith, 49 – a new Marion councillor – on the overhauls.

Sophia Naismith (on right) with her parents Pia and Luke and two youngers sisters Saskia and Ursula. Supplied by Family

The family said they were pleased parliament supports the “important” legislation.

“Everybody has a right to feel safe on our roads,” they said on Tuesday night.

“The reforms will not bring Sophia back but hopefully they’ll make drivers more accountable for their behaviour and reduce the trauma for families.”

Offenders found guilty under the new laws – which senior police support – will face a maximum five years jail and one year licence ban.

The penalty increases by two years for an aggravated offence for an offender who knowingly disqualified from the road, was drink-driving, drove under the influence of drugs, knew their car had a “material defect” or disabled an “automated intervention system”.

If a car or vessel is not involved, the maximum penalty is three years jail, for example to a bicycle rider.

A defence is offered to emergency workers, those acting on employer authority and who believe they were acting reasonably.

Sophia Naismith was a popular Brighton Secondary College pupil when she died. Supplied by Family

She was also a talented volleyballer who represented South Australia and who had Road fatal victim Sophia Naismith. Supplied by Family

Sophia Naismith family speaks out about their daughter who died after being hit by an out of control Lamborghini at Glengowrie in June 2019. (Mum) Pia, (daughters) Saskia and Ursula and (father) Luke Naismith. Picture: Tricia Watkinson

Major Crash investigators will decide to charge for either dangerous or careless driving.

The draft laws, developed by a special high-level cross-government group with industry consultation that Cabinet this week approved, also include a new elite sports car licence and immediate driving bans to a charged driver.

Drivers face a maximum $5000 fine for disabling of traction control in high-powered vehicles such as electronic stability, anti-lock braking and automated emergency brakes.

Sophia Naismith family (l-r) father Luke Naismith, sisters Ursula and Saskia and mother Pia Vogrin, leave court after a not-guilty verdict of causing death by dangerous driving to Sophia Naismith was handed down to Alexander Campbell at the District Court. Picture: NCA NewsWire/ Tricia Watkinson

A defence is available to those who did not cause or contribute to its disabling, did not know it was disabled or their car was dangerous with it off.

The draft laws define an ultra powered vehicle as having a gross vehicle mass of up to 4.5 tonnes and with a power to weight ratio of more than 276 kilowatts per tonne.

Car enthusiast Alexander Damian Campbell, escaped immediate jail after he drove his $330,000 white 2016 Lamborghini Huracan – with personalised number plate “PSYKO” – off Morphett Road, Glengowrie, on June 22, 2019.

The Lamborghini at the Glengowrie scene. Picture: Supplied

Sophia, a popular year 10 student at Brighton Secondary College, died at the scene after being struck on a footpath alongside best friend Jordyn Callea, then 15, who was seriously hurt.

Campbell, 37, of Elizabeth North, received a suspended four-month prison term and a licence ban that expires next year after he was cleared of killer driving but convicted of carelessness.

He had pleaded guilty to aggravated driving without due care before his judge-alone trial.

Sophia’s Mum Pia Vogrin, father Luke Naismith, and their daughters Saskia and Ursula pay tribute to Sophia. Picture: Tricia Watkinson

Officials say the family’s pleas drove reforms to various laws including the Criminal Consolidation, Harbors and Navigation, Motor Vehicles Act as well as Road Traffic acts.

Extending his condolences to the Naismith family, Premier Peter Malinauskas said the reforms will help keep roads are safe and those who endanger lives “are held appropriately to account”.

“We all hope Sophia’s legacy will live on through these reforms,” he said.

Mr Maher admitted the absence of a mid-tier offence “has been a significant omission from our laws” while driving high-powered vehicles such as luxury sports cars carries more risk.

Alexander Campbell leaves the District Court with his wife Diana, after a not-guilty verdict of causing death by dangerous driving for Sophia Naismith who was struck down and killed by his out of control Lamborghini at Glengowire in June 2019. Picture: NCA NewsWire/ Tricia Watkinson

A site court visit during the trial of Alexander Campbell in the carpark of the Authentic Chinese restaurant on Morphett Rd, Glengowrie. Picture: Brenton Edwards

“The Naismith family, and the many other families who have lost loved ones on South Australian roads, deserve better,” he said.

“This will go a long way to ensuring offenders are held to account and punished for their actions.”

Opposition Leader David Speirs, who is the Naismiths local MP, said he was “pleased to say that the Liberal Party will wholeheartedly support these important laws”.

“With this new legislation comes new hope that the tragic circumstances and injustice felt by her family won’t ever be repeated,” he said.