Drinking Age

Graham Walker asked:

Always ask a lawyer if you are unsure about any of the advice and information provided here.

Your solicitor will require to ask the court at time of sentence to consider making a drink drive rehabilitation reduction. Many Sheriffs do not accede to this request without a full and detailed explanation as to why. Some think that it should only be allowed where the drink drive limit has only just been exceeded others consider that it is only appropriate where there is a drink problem. Each Sheriff has to be approached with the benefit of experience and understanding when making a suggestion that you should be placed on the scheme. It can  reduce your disqualification period by 25% but the Sheriff can exercise his discretion and allow a shorter period of reduction. Again a situation where an experienced road traffic lawyer can make a big difference to the outcome.

The course fee is £130 (£95 if on benefits). Upon conviction your solicitor must intimate to the court that you agree to attend a Drink Drive Rehabilitation course and the court will consider a reduction of your period of disqualification. The solicitor has to know when it is appropriate to recommend such a reduction.

The Drink Drive Rehabilitation Scheme has been thoroughly tested and is regarded by many Sheriffs and Magistrates throughout Scotland as a proven method to reduce the re-offend rate.  It is an ideal disposal for the offence of Drink Driving, to be used in conjunction with a disqualification period, plus a fine, community service, probation order or custodial sentence, as the severity of the offence dictates.

Once the verdict and penalty have been announced, the Court must decide whether the offender is suitable for the Scheme.  Most Courts, conscious of current ‘Human Rights’ legislation, refer all drink drive offenders for training.

Making a Referral Order involves the following:

assessing suitability

offering the course to the offender

the offender accepts or declines

the Hearing ends

if the offender accepts, the completed Referral Order is forwarded to the training provider

The guidelines to the Scheme list several factors which affect suitability:

a place is available on an approved course. We can recommend VMCL(VMCL are approved training providers and guarantee to train all offenders referred to them under the Scheme, making it unnecessary for the Court to check availability)

the offender is at least 17 years old

the offer has been explained to the offender in ordinary language

Once an offer has been made to the offender, the Court should state:

the amount of reduction in the disqualification period the offender will receive for completing the course

the date on which the reduced ban ends

the date by which the course must be completed

The offender must agree to the offer of attending the course before an Order is made.  Inclusion in the Scheme is voluntary; there is no penalty for choosing not to be included.

After the Hearing, the Court’s administration section creates the Referral Order.  The Order is signed by an Officer of the Court and a copy forwarded to the training provider.

You attend as required and upon successful completion of the course you will be entitled to a reduction in your period of disqualification.

For More Information on How the scheme works and where the courses are held, checkout the Vernon Mansfield website.

Stephen

Roberto Sedycias asked:


Modern life means that a cell phone (telefone celular) is a basic requirement. The user can be contacted at any time, can get assistance in an emergency and can stay in touch with anyone when anywhere on the globe. Travel plays an important role in mobile phone use, particularly in the world of business. Excellent deals can be cut whilst on the move and there need never be anther office crisis. It is generally agreed that the mobile phone (telefone celular) has a positive impact on modern life. However, cell phone usage can also have its down side.

To use a cell phone (telefone celular) whilst driving is extremely dangerous yet many people choose to drive and make or answer calls. It is important that people become more aware of the effects of using a phone whilst driving to help prevent further accidents from happening. The importance of the matter is being slowly reflected in laws, with outcomes ranging from fines, to detrimental effect upon licenses, and even imprisonment. Some countries allow for emergency numbers to be called, and stopping would result in accident. Many countries now ban all types of cell phone use, whilst others have a ban on it only. If a driver is thought to have used a mobile phone whilst in an accident, they can be prosecuted for dangerous driving.

To use a cell phone (telefone celular) whilst driving put the driver four times more at risk of a crash. This means they are four time more likely to injure or kill themselves or another person. Recent research has revealed that using a mobile phone whilst driving is even more dangerous than drink driving. Studies show that responses are 50% slower than normal when using a mobile phone, and 30% worse than under the influence of alcohol. The reason behind this is the distraction. Using a cell phone (telefone celular) create visual, auditory, physical and mental distractions.

Distractions to this degree have a series of possible effects. When using a cell phone (telefone celular), a driver is less likely to notice road signs, is more likely to drive too close to others, and find it difficult to maintain a regular speed so display erratic driving. Using a mobile phone can mean many things; it is not just restricted to calls. Cell phone usage also includes reading or responding to texts, being logged into the internet, pictures and using the phone camera.

Hands free kits were invented to counteract the problem of driving using cell phones (telefone celular). However, recent studies have labeled the hand free phone accessory is just as dangerous. The hands free kit is equally distracting, and though it is not prohibited in many countries, it should not really be used. If it is completely necessary, then the call should be kept brief and any emotionally stressful or distracting calls should be ended immediately. Although the hands free kit is allowed, it can still be used as evidence to prosecute if considered a cause for a road accident.

To stay safe, the best action you can take is to take notice of laws and never use your cell phone (telefone celular) whilst driving. This includes using it to even look up numbers or check the time. a momentary lapse in concentration could have fatal results. Turn your mobile phone off and use the voicemail messaging facility as this encourages you to check and use only when safely parked. Remember, even if you are in slow moving heavy traffic; do not use your cell phone as weather conditions and unexpected events can still cause an accident.

Leave any received texts until later, and never try to send one whilst driving. Pull over if any text or call is vital. If you use your mobile device (telefone celular) for work, then make use of use government guidelines. The increased problem of driving whilst using cell phones has caused government initiatives and information services to spring up all over the world. And finally, be equally vigilant with others; hang up is you call someone who is driving.

This article is under GNU FDL license and can be distributed without any previous authorization from the author. However the author’s name and all the URLs (links) mentioned in the article and biography must be kept.



Earl

Low Jeremy asked:


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There are plenty of energy drinks in the market other than no fear energy drink. For sure you have tasted other brands of energy drinks and you might have heard of Monster Energy Drink, which is perfect to drink during a hot sunny day. This is also a good energy drink but no fear energy drink can be perfect at all times.

You can even drink it along with your breakfast and make it as your daily beverage. A drink of no fear energy drink will let you start the day right and get ahead of all the hassles of daily work. This will surely give you extra strength to endure the heavy day at the office or when you are driving.

Some other drinks often have strong undesirable after tastes but no fear energy drink has a sweet flavor that sweeps off the after taste that you get from every sip. The sweet flavors gives a good taste so that you will not get an offensive reaction after every sip.

No fear energy drink is good for athletes because it gives them a good supplement. No fear energy drink contains Creatine, which is known as a good supplement to build muscles and gain strength. Athletes love no fear energy drink because it is perfect to match their heavy activity.

Athletes are the ones that need energy drinks because they have little time to rest, which is not enough to regain the energy that they have lost. Imagine running hundreds of miles in the field everyday, you will surely feel totally knocked out especially if you have not experienced it at all.

During the long run, they are assured that they still have extra energy left to finish the day right without experiencing fatigue. The energy that you get from no fear energy drink is natural and it wont hurt your body. Drinking of pills is not advisable instead; you can take energy drinks because it is safe for the body system.

Now if you feel like you have lost a lot of energy, why don’t you try no fear energy drink and see the difference it makes. This is the ultimate drink that will keep you body in good mood despite the stress. No fear energy drink is the answer to all your questions. This can help you fight boredom, stress and weakness.



Ray

Graham Walker asked:


Drink Driving -Procedure

Drink driving is a complex and serious area of law therefore we offer FREE online advice in relation to such cases. Accused of being a Drink/driver then ask us about your own case right now! People can and do, go to prison for committing this offence therefore we strongly urge you to seek legal representation as soon as possible.

The procedure normally starts with the police pulling your car over for a check or after you have been involved in a road traffic accident. You can pretty well always exact to be breathalysed if you have been in any road traffic accident around Christmas time.

You will first be tested with the handheld intoximeter device. Although the reading from this machine will not be used in evidence if you fail then the next stop will be the police office. you will be brought before the police station duty officer and the officer will be informed that you are suspected of drink driving and the EC/IR Intoximeter device will require to be used. You will then be taken to the “Intoximeter” room where the breath analysis will be taken. You will be shown the machine and asked to blow into the device. (It surprises most people that you require to blow for several seconds and blowing consistently can seem difficult”

If you fail then you will be given a copy of the print out. It looks like a till receipt. you should keep this. You may then be kept in custody until the duty officer deems you fit to drive. Normally the next day before you are released from the police station and often a further intoximeter test is done before you leave the office.

The police will give you a “Pink form” called a “Bail Undertaking” this provides a date and time for you to attend at your local court where your case will call for the first time.

When you attend court a duty solicitor will be present and he/she should have a few minutes with you prior to your court appearance. We would strongly advise you to seek out the services of a solicitor BEFORE you attend court. Needless to say we suggest you contact us or another firm of specialist road traffic lawyers.

A duty solicitor will be at court however he/she is there for people who cannot afford a solicitor and will require Legal Aid. You will most likely discover that you do not qualify for Legal Aid.

In busy courts such as Glasgow there can easily be up to 150 people appearing in the same court on that day and the duty solicitor will have approx. 1 hour to see the majority of them. it is therefore very important that you consider contacting a road traffic lawyer as soon as possible.

When your case is called you will go forward to the “dock” and the clerk of court will ask you to confirm your name and address. If you have a lawyer he/she will tender the plea at this stage. If a guilty plea is tendered you can expect to be disqualified for at least 1 year and if you have been been convicted of a similar offence in the past 10 years then expect to be disqualified for 3 years minimum.

If you plead Not Guilty the court will set dates for a Trial and an Intermediate Diet (Formal court appearance to check case is prepared) You must then return to court on both of these dates.

Your solicitor will then obtain a list of witnesses from the Procurator fiscal and start to prepare your defence. you should contact your solicitor at least two weeks prior to the Intermediate diet to go over the case preparations and discuss your case again. If your case involves a report from an expert such as a forensic toxicologist then you may incur added expense and should liase with your solicitor regarding same from the outset of your case to ensure that he/she is provided with all the information that is required.



Martin

Michael Challiner asked:


They are tiny bikes that reach great speeds and make a lot of noise. But police have had enough of youths creating havoc on mini-motorbikes and now have powers to seize the annoying and sometimes dangerous toys.

What’s more, if children are riding these miniature vehicles on the pavement or road, they face prosecution just like adults. Any penalty points handed out by the court will be kept on file and activated as soon as they are old enough to apply for a driver’s licence.

For those who have penalty points, it becomes increasingly expensive to gain car insurance. And with respect to mini-motorbikes, you could have a situation where children have been prosecuted for dangerous driving on these vehicles and then struggle to find an insurance company willing to offer them a policy to insure their car once they are at the age of 17 and have passed their driver’s licence. The best case scenario is probably going to be that their premiums are sky high.

A spokeswoman for Direct Line Insurance says mini-motorbikes are now being treated as road vehicles and drivers of them have to abide by all the same traffic rules as anyone else. But while police can now prosecute youths on mini-motorbikes, they are not entirely sure yet what the nuisance makers will be prosecuted with. “You could get prosecuted for uninsured driving, paying no road tax or driving without a licence,” she says.

She also points out that just how high insurance premiums will be for those with mini-motorbike offences will depend on what police prosecute the offenders with. “It depends on what the points are for…For a speeding offence it is not going to make a big difference, but for a drink driving offence it is going to make a massive difference.”

She says for example of how prosecutions can drive up premiums, take an 18-year-old boy living in Hove, East Essex. The youth drives a 2001 Ford Fiesta car. He has been prosecuted for dangerous driving and has only had his driver’s licence for a short time. To obtain fully comprehensive cover under a Direct Line insurance policy he would pay annual premiums of £2473.80. Without the conviction the price would be £1908.90.

What is interesting about this is that if you take a female of the same age, driving the same car and from the same area, she would pay just £1218 without a conviction and £1576.05 if she had a driving conviction. So she would in fact pay less for insurance even with a conviction than a male her age without one. Why the difference in price between young men and women? The spokeswoman says that it is because statistics show that one in three young men have a serious accident within their first year of driving.

A spokeswoman at the Association of British Insurers says the chances are if you have been caught speeding on a motor bike you are going to be more at risk behind the wheel of a car than others. It’s a known fact that young men are the most at risk of having a car accident, which is why they pay so much more for their car insurance.

“I think they make up 3% of the driving population but account for over 30% of all of the driving convictions. It depends on the insurance company, but we (the insurance industry) insure on risk and therefore we calculate our premiums accordingly.”



Carl

Garry Searle asked:


Do you want to hire a car when visiting Sydney? Thinking about Sydney, although it is fairly large, Sydney is quite a compact city. It is unique in the sense of there are very wide variety of things to do within the Sydney CBD, there are all sorts of cultural and urban attractions, museums, there are tourism icons such as the Harbour Bridge and The Sydney Opera House, things that people really want to see.

Also, its beautiful beaches are one of the things that Sydney is very well-known for as well. While Sydney is a fairly compact area, there is a wide variety of attractions and things that you probably would want to see if you come here, so that is one thing to understand.

Secondly, public transport in Sydney. Now as a rule, it is quite a good standard. It is far from perfect and any Sydney local will tell you that. It is reasonably frequent, most of the major attractions are fairly accessible by public transport and it is a relatively inexpensive way for you to get around.

Some other aspects of Sydney that are fairly important are parking. Within the Sydney CBD and in the city itself, parking is available but it can be quite difficult. Within the CBD itself you are really going to look at the parking stations to park your vehicle and they can get expensive. For an overnight stay, you can pay over $20 without any problems at all.

If you are staying in or around the city, I will really recommend that you do, especially if you are here for a short stay, it makes a lot of attractions accessible or within walking distance.

I have recommend many people on a short stay that they should stay in the city, in which case parking could be quite expensive as well. So all those things are probably what you would be thinking about when you are determining whether you should hire a car?

I suggest that if you are here for short stay, if just want to see some of the major attractions on a short stay, it is probably not worth your while to hire a car to get around. Most of these things are accessible by public transport.

One of the things about Sydney is its heavily reliant on tourism, all major attractions are made accessible by public transport and those few that are not can be really worthwhile and very cost effective just to get a taxi to those locations.

So as a rule, if you are staying less than a week, I would suggest that you probably will rely on public transport rather than getting motor vehicles.

I suggest the opposite though if you are looking to get outside of Sydney and to start looking at rural New South Wales, country Australia, because one thing about Australia is some vast open spaces.

If you really want to get the most out of any trip to Australia, then driving can perhaps be one of the better ways to go about it.

So, here are my recommendations, if you will be staying in Sydney for a relatively short period, you probably better off using public transport. However, if you are looking to get outside of Sydney, for a greater Australian trip, then you probably would look at hiring or driving a motor vehicle.

So if you decide to drive in Sydney, here are some things to keep in mind.

The first one is licensing. In New South Wales, if you have an overseas license, you will be able to drive using that license and only that license anywhere in New South Wales. As long as you have a valid drivers license overseas, you can drive in Sydney and in New South Wales. One thing to keep in mind is that you need to keep your drivers license on you. It is an offense in New South Wales to not have your drivers license on you if a policeman asks you to produce it.

Some driving tips if you decide to drive in Sydney. Overall, Sydney and Australia is a very safe place to drive, it is not as chaotic as a lot of counties, people are fairly orderly and it is a pretty pleasant place to drive.

There are a lot of fatal motor vehicle accidents in Australia, speed is largely responsible for these, people exceeding the speed limit and also the fact that Australia being so geographically large means a lot of vehicles are traveling at high speeds.

The first and most obvious thing to remember is you have to drive on the left. If you are from one of those countries that drive on the right-hand side, it is really important that you remember that. It could be chaotic and dangerous if you do not remember to do that. So always drive on the left, the easy way to remember is that you as the driver will be closest to the center of the road.

It is a law in New South Wales and everywhere in Australia that you have to wear a seatbelt whenever you are driving a motor vehicle. If you did not wear a seatbelt, you or your passengers will likely to be fined by a police officer.

Alcohol is another one. Everyone likes to have a few drinks when they are on vacation that is for sure, but it can be very dangerous to operate a motor vehicle when you are on the influence of alcohol. The legal limit for adults is .05% alcohol, .05 means if you have 3 standard drinks in the first hour, you will be over the limit and you will not be able to drive a motor vehicle.

There are very heavy penalties for people who drive motor vehicles whilst they are under the influence of alcohol, including fines and imprisonment.

Speeding. Speed limits vary a great deal in Sydney, and as a result you really need to keep an eye out, make sure that you are traveling within the appropriate speed limit for that area. There are plenty of highway patrolman out there that will give you a ticket or take some sort of action against you if you speed whilst driving.

These are some of the things you might want to consider when driving in Sydney and Australia.



Stephen

Michael Challiner asked:


Alcohol is quickly absorbed into the bloodstream, this affects the brain and impairs driving ability. The only safe way is not to drink if you are driving!

There has been a significant success in reducing the number of people killed in drink drive related collisions over the last 15 years, yet drink driving remains a serious, life threatening issue.

A recent estimate stated that around 3,000 people are killed or seriously injured on our roads each year. Plus, it is probably of no surprise to you that the highest number of fatalities are motorcyclists. Current figures have shown that there has been a large increase in young riders killed who have been over the specified alcohol limit.

We have all witnessed the television adverts, which use the shock tactics in the hope that people will digest the dangers of drink driving, yet it still continues. It is the irresponsible behaviour of some individuals that not only puts their lives at risk but also those motorists who are totally innocent. Unfortunately, drink drivers have greatly contributed to the rise in car insurance premiums. Premiums have had to be substantially increased over the years to cover the claims resulting from drink driving related incidents.

However, there is a revolutionary piece of technology that could dramatically reduce the number of drink driving related incidences. Its name is the “Alcolock”. It is an alcohol activated vehicle immobiliser!

Prior to starting a vehicle the person sitting in the drivers seat must breathe into the tube. The tube is connected to a breath analyser, which is part of the vehicle’s ignition. If the device detects the alcohol level as being above the agreed amount, the vehicle will not start.

Many states in the US and Canada have already introduced the Alcolock, using it partly as a substitute for the suspension of a driving licence and partly as a preventative measure. It has also shown to have helped reduced the number of known drink drivers re-offending.

The Alcolock has also been tested in Europe and Sweden. Sweden, who is a leader in car safety, will be fitting the device to all new cars in a voluntary code which involves all Swedish car manufacturers. By 2012 it will be compulsory for all the country’s new commercial vehicles to be fitted with the device. With this in mind it is hoped that the rest of Europe with take note of Sweden’s lead and have the device fitted into all new cars.

Like all new technology, there have been teething problems. It was reported that one tester in Sweden had to blow into the machine 76 times before the machine would allow the ignition to start – and to make things more frustrating, the tester had not touched a drop of alcohol! Therefore it is imperative, that the manufacturers must be absolutely sure, that the equipment is totally reliable before launching it onto the market.

We understand that this raises issues on people’s rights as stressed by the Association for British Drivers. However, if preventative measures can be taken, then surely they should. After all, the lives of fellow road users are at risk and they also have rights.

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Charles

Freddic asked:


Did you follow the do’s that we discussed in one of my last posts ‘Some Do’s of Driving?’ You must have experienced the change yourself while driving. When we say that you should stand by the Do’s of driving, we also mean that there are certain basic rules that you should strictly follow.

Many of us have the fair idea about the different Don’ts. But there are many that you never paid attention to or have just slipped out of your mind. Here is a brush up on some of these driving rules and limitations. Read on to find these Driving Don’ts.

Some Top Don’ts of Driving Are -

No Rash Driving - The most important rule of driving and its the first lesson of driving safely too. Calm down while you are driving. Remember, you are risking your life and at your own cost. We often drive fast and moreover rashly when we are getting late for somewhere. Making way through the heavy traffic on the road and trying to overtake the cars does not help much. Why land yourself in trouble just for rash driving. No rash driving = Your safety on road.

Don’t Ignore the Traffic Lights & Road Signs – The traffic lights are crucial when you are driving. Ensure that you obey the traffic lights. Many of us simply ignore the traffic signs and land ourselves in trouble. You should be attentive while driving and being a civilized citizen, follow the road signs. Obey the Traffic Lights for safe Drive.

No Speeding Up When Its a Yellow Light – All of us, do this. And if you don’t, I really respect you. For us, yellow light means increasing our driving speed so that we don’t have to wait for few seconds at the red light. No! That’s completely wrong. Just slow down your vehicle when you see the yellow light. Don’t Mistake This Light For Speeding Up.

Avoid Engagements While Driving – At the time of driving, one should avoid getting distracted that might be possible through activities like eating, talking, drinking, loud music and by driving alone with small kids. Different types of auto accessories like video & audio devices are also also a major reason for distraction. Concentrate on Driving.

Don’t Use Mobile Phones – This is against the traffic rules. Usage of mobile phone while driving can land you in trouble and you might have to pay fine. Cellphones distract attention while driving.Mobile phones are A Strict No-No While Driving.

Don’t Exceed the Speed Limit - Make sure you never drive above the speed limits. If you rely too much on your car brakes, then give it a thought again. Every time the automotive brake system might not save you from accidents. Even in hurry or while getting late for job, maintain your speed limits. Its Always Better Late Than Never.

Don’t Turn Without a Turn Signal – It’s obvious that no one can read your mind while you are driving. Make sure you always use the turn lights before turning either on right or left. Always Use The Turn Signals Before Turning.

Don’t Drink and Drive – If you had an extra glass of wine in the party and are planning to drive back home. Then hold on! Drinking and driving can put you behind the iron bars. Do not even board a taxi that has drunk driver behind the steering wheel. Drink & Drive – Don’t Try This Stunt Ever.

Well, these were just some of the important ‘Don’ts of Driving’. Keep them in mind while driving and go for a safe drive. Ensure that your ‘behind the wheel behavior’ will not only save you but also others driving or passing next to you. Hope you have a safe and comfortable drive every time!



Danny

Robert asked:


According to statistics, over 90% of all UK drivers consider that driving under the influence of alcohol is extremely dangerous, and recognize the dangers of driving when drunk. The problem with this statistic is that it means that over two million UK drivers must think that drunk driving is not dangerous. This could not be further from the truth, each year on British roads 3000 to 3500 people are killed in drink related accidents.

Newspaper headlines commonly claim that the numbers are falling, although it is true that over the last few years the numbers have fallen, that is only compared to record highs. When you look at the first time the figure was recorded back in 1979 only 1600 people were killed, half of today’s figures. Therefore, it seems hard to argue that these are ‘good’ figures and numbers of deaths are going down.

The UK legal limit for driving with alcohol in your system is 80mg of alcohol to 100ml of blood. It does not necessarily follow that if you body has less than this limit you are safe to drive. In the US, many states have successfully prosecuted drivers who were below the legal limit but still deemed to be unfit to drive.

Even in the late 70’s if the police stopped a driver who was drunk, they often did not have breathalyzers available. And would also take an attitude of the driver was ‘not too drunk’ and let them walk the rest of the way home. That attitude has disappeared completely; police now always seek convictions for drivers who are even a tiny fraction over the limit.

If you choose to drink and drive the law now has stiff penalties, combined with a strong will to make an example of, not just some, but all offenders. Driving above the limit carries a 12 month ban, a £5,000 fine, and a sentence of up to six months in jail, and that is for the first offence. Anyone who thinks it’s a good idea to refuse a breath test faces the same penalties.

An endorsement on your license for a drink-driving is not removed for eleven years, that means for eleven years if the police pull you over they will almost certainly breathalyze you, on the basis that you have a history of ignoring the dangers of driving when drunk.

Insurance companies would rather take on a seventeen year old with a sports car than someone with a drink driving conviction as they consider the risk to be lower. This means premiums could be several times what you paid before the conviction. After a second offence, insurance is nearly impossible to obtain at any price.

Drunk drivers who killed someone else, used to often come under the careless driving laws, which carried a maximum penalty of a £2,500 fine. The new offence of causing death by careless driving, while under the influence of drink or drugs, is slightly stricter with a maximum disqualification of two years, and a fourteen year prison sentence.

Drinking and driving is now completely socially unacceptable, with not only the courts frowning on such behavior. Friends and neighbours can ostracize offenders, employers have no interest in taking on convicted drink drivers, and even if they do, their insurers will often block the employment. The days of casual drink driving are well and truly over with the vast majority of people recognizing the dangers of driving when drunk on British roads.



Danny

TylersRide asked:

Life can change overnight. Literally.

Ralph