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When Others or You Drink Too Much

September 26th, 2008
Helene Rothschild asked:


Do you even wonder what to do or say when others are drinking too much? It is a gift to them to share in a loving way the suggestions listed below. If you express these with anger or criticism, it is more difficult for them to hear you. It is helpful to speak to them when they are sober.

Many men and women feel guilty because they did not try to stop someone from driving when they had too much alcohol in their system. They wish they had expressed some of the thoughts shared in this article. Others have realized their friend or loved one was high on alcohol and was still willing to let him drive. Many of these passengers paid a heavy price by being hurt or dying in an accident.

Anything we do in excess is a way to feel good and drown, numb, or run away from our emotional pain. Unfortunately, we then have the added problem of the addiction. As you well know, abuse of alcohol has led to many people being hurt and killed. You can avoid driving or abusing your loved ones when you drink too much. The ideas below can help you stay safe and treat your loved ones with love and respect.

A) Put a check next to the words you choose to say when someone drinks too much.

When Others Drink Too Much, I am suggesting that he:

1. Avoid driving.

2. Understand that he is attempting to “drown” his pain.

3. Decide to take control of his life.

4. Seek help so that he can get the support he needs to heal. (It takes courage to ask for help.)

5. Do what he needs to do to love himself unconditionally.

6. Be patient with himself and take life one day at a time.

7. Learn how to communicate his thoughts and feelings in a constructive way.

8. Know that he is a good person no matter what anyone says or does.

9. Forgive himself for all the times he made mistakes.

10. Realize that he is good enough, worthy, and lovable and deserves to be happy, healthy and successful.

B) Put a check next to the statement that will help you.

When I Drink Too Much:

1. I avoid driving.

2. I understand that I am attempting to “drown” my pain.

3. I am deciding to take control of my life.

4. I am seeking help so that I can get the support I need to heal myself.

5. I am doing what I need to do to love myself unconditionally.

6. I am being patient with myself, and taking life one day at a time.

7. I am learning how to communicate my thoughts and feelings in a constructive way.

8. I remember that I am a good person no matter what anyone says or does.

9. I forgive myself for all the times I made mistakes.

10. I realize that I am good enough, worthy, and lovable and I deserve to be happy, healthy and successful.

Now that you have some constructive guidelines, it is important to practice them so that the people you care about, and you, can feel good in a healthy, safe way. Congratulate others and yourself for resolving an excessive drinking problem.



Jason

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Educating Teenagers About Drinking and Driving

September 23rd, 2008
Donald Saunders asked:


The number one cause of death amongst youngster between the ages of 15 and 24 is drunk driving and so educating your teenagers about the dangers of drinking and driving is particularly important, not only for their own protection but for the protection of other road users and pedestrians.

The first mistake which many parents make in this area is to assume that they do not need to raise the subject until their own teenagers learn to drive. You do not need to be behind the wheel of a car to understanding the dangers of drunk driving and, like everything else you teach your children, the earlier they learn the more likely the lessons are to stick.

When it comes to the consequences of drunk driving teenagers need to fully understand just what it means to kill another person on the road and the devastating impact which this can have on their family and friends. But they also need to realize that many people are also injured as a result of drunk driving and they and their families may have to live with the consequences of severe injury for the rest of their lives. This is not always easy for a teenager to understand but it is a lesson which they need to learn.

It is also important for teenagers to fully understand the consequences of being caught behind the wheel of a car while intoxicated. So, find out about the drink driving laws in your state and clearly spell out the consequences of a drink driving conviction. Explain to them that a drink driving conviction can not only land them in jail, but can also ruin their career prospects and prevent them from getting a good job.

Now, despite your best efforts, it is still quite possible that your teenager is going to find himself in the position of having had too much to drink when he is out with the car and being caught between driving the car home when he knows he is not fit to do so, or calling you and getting yelled at for being so irresponsible. So, this too is something which you need to discuss with him before it happens.

Remember that we all do silly things when we are young and the most important thing is to stay safe, learn our lesson and live to try again to get it right next time. So, if your child is in this position he must know that he can call you no matter what condition he is in or what time of the day or night it is to come and pick him up.

This is not to say that you are condoning his actions in getting drunk or that he should not be punished for his irresponsibility. But your first job is to keep him safe and make him realize that he made the right, sensible and mature decision by calling you for help.

Finally remember that there is no better way to teach your children anything than through your own example and that means making sure that you never drink and drive yourself. If your children see you leaving your car keys at home and taking a taxi to go out to a party then they will follow suit.



Roger

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Criminal Law - Drink Driving Offences (vic.)

September 20th, 2008
Michael Pickering - LAC Lawyers asked:


Part 5 of the Road Safety Act (Vic.) contains six types of drink-driving offences as follows:

1 Driving or being in charge of a motor vehicle under the influence of alcohol (DUI);

2 Driving or being in charge of a motor vehicle while the blood alcohol content (BAC) exceeds or is equal to the prescribed limit of 0.05;

3 “Fail the test” offences;

4 Refusing a breath test or failing to undergo a blood sample in hospital after a motor vehicle accident;

5 Failure to have a zero blood alcohol (for Probationary license holders); and

6 An accompanying driver offence.

Penalties for blood alcohol offences usually involve fines or imprisonment or license or permit disqualification. License or permit penalties for drink-driving offences involving BAC readings vary according to the nature of the driver’s BAC, prior drink-driving offences, and when the offence took place.

Conviction for more serious offences like DUI or refusing a breath or blood test, involves two years’ license disqualification for a first offence and four years license disqualification for subsequent offences.

Conviction for BAC reading offences involves license disqualification on a sliding scale according to the BAC reading. The period of disqualification is doubled for a subsequent offence.

As a result of the Road Safety (Amendment) Act 2000 (Vic.), drink-drivers with readings of 0.07 or above must have their license cancelled, irrespective of whether they were issued with a traffic infringement or a summons to appear in court. Magistrates have no discretion to alter the period of cancellation. Drink-drivers with alcohol readings of 0.05 or 0.06 may retain their licenses subject to incurring 10 demerit points whereupon VicRoads has the power to suspend or cancel licenses and permits.

Whilst difficult, it is possible to challenge BAC readings successfully. These defences are generally based upon expert evidence, using the breathalyser over-estimation and rise and fall arguments. These defences are confined to offences of being in charge of a motor vehicle while the blood alcohol content exceeds the prescribed limit.

It is more difficult to challenge “fail the test” offences where a driver has, within three hours of driving or being in charge of a motor vehicle, provided a breath sample or a blood sample which, when analysed, exceeds the prescribed BAC. In relation to those offences, challenges appear to be limited to situations where the elements of the offence are not made out. In other words, defences are that the defendant was not driving; the test was not done within three hours of driving; or where the defendant can establish that the BAC was solely due to the post-driving consumption of alcohol; or the breathalyser was on the occasion not in proper working order or not properly operated.

It is also becoming increasingly common for drink-driving charges to be challenged on grounds that the Police have failed to comply with the drink-driving legislation.

It is important for clients to seek legal advice, particularly where BAC readings are alleged to be 0.07 or above.



Herbert

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Problems Associated With Drinking

September 6th, 2008
Ed Philips asked:


Many people take an occasional drink with no problems. Some people drink moderately and appear to have no repercussions. There are times, however, when drinking can be risky business.

Health problems can develop and relationships can suffer as well as careers. If you are concerned about any of these scenarios you may want to stop drinking. Read on and find out about some of the problems associated with drinking, even moderately.

Did you know that you don’t need to drink much alcohol before your driving ability suffers? There are driving skills that can be impaired by a blood alcohol level as low as 00.2%.

An empty stomach makes the alcohol react even more quickly. If you continue to drink, your driving will become even more impaired. Most states have the blood alcohol level set at 0.08% but driving skills can be negatively affected at far lower levels.

Many medications do not mix with alcohol. You should stop drinking if you are taking medications that do not react well with the consumption of alcohol.

There are even over-the-counter medications like antihistamines that do not mix well with alcohol. You can be risking liver damage and other problems if you are taking medications that should not be combined with alcohol. Read the package directions, ask your doctor or pharmacist if you have any concerns.

There are many other problems that can occur when people drink and are not willing to stop drinking. You may end up at odds or even separated from family members and friends. Your job situation may become strained and you could risk losing the chance at a promotion or even lose your job.

Often people who drink end up having problems with the legal system because of the poor choices made while drinking. This can be costly in many ways.

Licenses and insurance can be revoked and time in jail may be required. Many of these legal situations will require the expense of an attorney and you may need to miss valuable time at work.

Women who are pregnant and drink may be endangering their unborn child. Many birth defects are related to women who drink during pregnancy. If you are pregnant you should stop drinking immediately.

Fetal alcohol syndrome is an extremely serious problem that can occur and it leads to children who have severe mental, physical, and behavioral problems that can last for the lifetime of the child.

There are long term problems associated with drinking. Heart disease, liver disease and certain kinds of cancer can develop gradually. Pancreatitis is a condition that can occur if a person drinks too much.

The pancreas helps digest the food we eat and also helps regulate the blood sugar in our bodies by producing insulin.

Men often develop these problems more slowly than women even when they consume more alcohol. Some of these adverse health situations can be reversed if a person stops drinking soon enough.

Many of these health problems can be treated. If you know someone who is drinking too heavily or if this is a problem that you are experiencing you should take action. Talk to the person or make an appointment to see your doctor.



Mike

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Stop Drinking Alcohol Now

September 2nd, 2008
philipsmax asked:


Just ask yourself one simple question are you drinking to much? If you are how can you stop to improve your lifestyle and your health. Here are a few questions which might help you decide:

- When you drink alcohol do you drink when you are depressed, sad, or alone?

- Are your family and friends very worried about you because your drinking to much?

- Does alcohol make you forget things?

- Are you always late for things because you have been drinking the night before?

- Are you always falling out with friends and family because of your dalcohol drinking problem?

- Does your health suffer from your drinking problem?

If you have read the above questions and answered yes to any than you a have serious drinking problem, or it’s the beginniging of one. If you find that your health is suffering from alcohol then you need to stop drinking right now, as

this could and will lead to an early death bed. Also seek advice from your doctor.

If you are reading this article then you either want to stop drinking alcohol all together, or you want to cut down on your drinking habit.

Here are three questions which you should doing:

1 - You should write all the wrong and write reasons why you want to stop or cut down on your drinking habit.

ie: Is it for your health? Will it improve your lifestyle? Will it make you sleep better? Will it improve your family life. I am sure your list will be alot longer

2 - Goal Setting.

First let me tell you without setting any goals you’ll never stop or cut down on your drinking habit, it’s that simple. First you need write down small goals, like cutting down on your drinking habits, just maybe you can cut out drinking one

night a week. The thing he is you need to start and get into good habits and get rid of the bad ones.

Ok now you need to write your goals down and have then in front of you as much as you can. Put them on every door in the house if you have to, or even have them on your refrigerator so you will read them before you open it.

Your paper should look something like this:

- Goal - 1: I will cut down on my drinking problem starting

from ______________________

- Goal - 2: I will also not drink on (day of the week)

- Goal - 3: Week 2 I will not drink on two days of the week

- Goal - 4: I will always drive when we go out, so I can’t

drink

You must fill these in at all costs.

3 - Always keep a Day to Day Diary.

I know this sounds very easy but you must do this every day and not miss any out. Make sure you set your goals for your first 4 weeks, and then have a look at then after 4 weeks have gone by and see the difference, trust me you’ll be very surprised by the results, I have done this myself when I was an alcoholic, and it works. It’s not easy but it’s very rewarding.

You could even make up your own drinking diary:

Week:1

Day of Week # of drinks type of drinks place

consumed

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Anyone can stop drinking alcohol with the right help, it’s a simple process, but like I said you now need to get into the good habits and get rid of the bad ones. Here are a few tips which will help you along your journey.

Stay At Home:

Try to keep a very amount of alcohol at home.

You must learn to NO to Alcohol: Learn to become a designated driver if you go out anywhere, also you don’t have to drink to have a great time, you’ll find people who a funny don’t drink at all. Try and stay away from the people who give you a hard time, remember it’s your life and not there’s that there posioning.

Always stay active:

This is a great way to stay away from alcohol, go and join a gym, walking club, or even take up golf. They all keep you very health and there all fun, plus it’s a great way to meet new people.

Try taking a break from alcohol:

This a great way to completely stop drinking alcohol altogether, just try and stop drinking one day a week and on that day try and find a different drink to drink, I found when I started doing this I started to feel healthier and this ment spending more time with the people I love.

Beware of the demons:

You will at some stage come across the demons, which are people trying to get you to drink, yes it hard to say NO, but just remember why you are doing this, because it’s not for them, it’s you and your family and they come first in your life.

Never ever give up:

Bad habits are hard to break and it’s not easy to change things all at once, so don’t give up at your first hurdle. “Why do we fall, so when we get up we know next time not to make the same mistake”. It’s not a race it’s about the end result SO DON’T GIVE UP.

If you would like a FREE REPORT on how to stop drinking alochol try stopdrinkingadvice.org ther simple and very easy to follow steps have helped over two thousand people cure there drinking problems.



Renee

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Car Hire: Top Tips for Driving in France

August 27th, 2008
Liam G asked:


Driving in France can be an equally daunting and pleasurable experience, depending greatly on the location.

Whether you find yourself cruising down the endless country roads or flying around Nice or Paris during rush hour, it’s vital that you’re clued up on a number of factors.

To begin with the minimum driving age is 18 and insurance coverage isn’t usually a problem as any motorists who have motor insurance within the UK will automatically have third party cover in France.

It’s important to ensure that the tank is always kept relatively full as finding a petrol station in the country can be difficult. Also, a great deal of stations close at 6 pm and on Sundays.

It is a legal requirement to have all of the cars paperwork and a valid driving licence to hand when driving in France, as it must be produced if stopped and requested by the police. When hiring, a passport is also required.

Hiring a car in France is generally quite easy, with a number of large car hire firms having a well established network of outlets throughout the country. This means it’s often possible to pick up a car at one location, and drop it off at another – making cross country travel a breeze.

Once on the road, there a few important things to remember

Its compulsory to stop at STOP signs, failure to do so can result in a fine

Fines for drink driving and speeding are both large and instant

Clamping within “pay and display” areas is becoming increasingly common for motorists that fail to pay

Last but not least, don’t forget to drive on the right!



Cory

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Shocking Number of People Drive Without Car Insurance

August 18th, 2008
Sarah Othman asked:


According to a survey by price comparison site moneysupermarket.com 1 in 7 British drivers admit to driving without car insurance. Other surprising findings by the website include the revelation that 15% of motorists said they have driven a car in the past which they were not insured to drive and a further 6% of those questioned had driven their own vehicle without insurance.

“Anyone who drives without car insurance, no matter how short the distance and whether it’s their car or someone else’s is breaking the law.” Richard Mason, the director of insurance at moneysupermarket.com has warned. The study also revealed that men were twice more likely to break the law by driving without insurance than women. If any of these people had been caught driving without car insurance they would have faced a £200 fine, might have had their car confiscated and would have got 6 points on their license.

The Fair Investment Company have published statistics from the Motor Insurer’s Bureau which say that uninsured drivers are: “More than 10 times more likely to have a drink driving conviction, six times more likely to drive an unsafe vehicle and account for 160 deaths on UK roads each year.” A whopping 22 % of all the people questioned admitted to driving their cars while uninsured. Younger drivers were also revealed to be more likely to risk driving without car insurance according to statistics.

Claims made by uninsured drivers cost the industry over £500 million every year and this means law-abiding consumers must pay more on their premiums as a result. The maximum penalty for driving without a license is £5,000. In an article which featured on the website of the Department for Transport Road Safety, Minister David Jamieson said: “We’re proposing to give the police powers to seize vehicles being used by uninsured drivers. Getting these vehicles off the road will improve road safety for everyone and reduce the nuisance people experience when they try to make a claim off someone who turns out to be uninsured.” He added: “Honest motorists are fed up with the menace of uninsured driving. Not only do they add about £30 to every insurance policy, they are also more likely to break other traffic law - such as driving dangerous vehicles. We’re already making progress in reducing the number of people who drive uninsured, but these measures will bring that number down further.”

Furthermore, according to other studies which were performed on behalf of The RAC

Foundation uninsured drivers now account for 5% of all motorists. 13% of young drivers think that driving without car insurance is a victimless crime, but accident statistics involving uninsured cars show that their health could be at risk.

According to www.RACfoundation.org: “The Foundation is calling for a police crackdown on uninsured drivers. As databases are improved there will be an important role for Automatic Number Plate Recognition Cameras (ANPR) to help the police target uninsured drivers. It would also help to have more traffic police on the roads as a visual deterrent.”

The website also says: “The Foundation supports new police powers that will allow them to seize and in appropriate cases destroy vehicles that are being driven uninsured. If drivers do get stopped for driving without insurance, many of them will gamble that they will be given a £200 fine which is often a fraction of what they would have had to pay for insurance. If offenders cannot afford to pay fines then other appropriate punishments such as community service should be demanded.”



Joel

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Drink Driving – Know your Limits

August 16th, 2008
Nick C asked:


What is a safe amount to drink and still be under the legal limit?

The simple answer is that there is no way in knowing for sure. There are so many factors that affect the amount someone can drink and still remain under the legal limit. The amount and type of drink consumed as well as age, sex, weight and metabolism all play a part in how well someone can cope with alcohol.

Knowing you are over the limit on the night you are drinking is one thing, but it’s far more difficult to know if you are safe to drive the next day. According to the Department for Transport (DfT), one in five drivers found to be over the limit are caught the morning after they consumed alcohol.

Because the amount of time that alcohol stays in the body will vary from person to person, it’s impossible to know for certain if you are safe to drive the following morning.

The Penalties of Drink Driving

• Driving whilst under the influence of alcohol carries a maximum of 6 months imprisonment, a fine of up to £5,000 and a 12 month driving ban. If you are caught re-offending within 10 years then you could face a mandatory 3 year driving disqualification.

• Causing a death whilst driving under the influence of drink or drugs carries a maximum penalty of 14 years imprisonment and a minimum 2 year driving ban.

• A drink driving offence will remain on your licence for 11 years

• If you have a drink driving conviction then expect to see a dramatic increase in the amount you pay for your car insurance. Finding competitive car insurance quotes will be difficult. Many car insurance companies will be unwilling to take the risk of insuring a driver with previous drink driving convictions.



Michael Velasquetz

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Drink Driving in Scotland: is There a Legal Defence?

August 10th, 2008
Michael Lyon asked:


Prosecutions under s.5(1)(a) and (b) of the Road Traffic Act 1988 are complicated and it would be impossible to detail all the possible angles and defences that may require to be investigated. This article will attempt to highlight some of the more common issues that should be addressed if you are facing a charge of drink driving in Scotland.

Under s.5(1)(a) it is an offence if a person drives or attempts to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit. The “prescribed limit” is defined by s.11(2) as 35ug of alcohol in 100ml of breath, 80mg of alcohol in 100ml of blood or 107mg of alcohol in 100ml of urine.

The first issue I would like to point out is that the Crown will not initiate proceedings on the basis of breath-alcohol readings of less than 40ug. Although technically the police are entitled to proceed, the Crown are personally prosecuting the case by virtue of an agreement between the Crown Agent and the Law Society of Scotland. Rather unfairly in my view, there is no similar agreement for specimens of blood or urine. So if you are charged with drink driving in Scotland with a blood-alcohol reading of 81mg, then you better get some good advice from a road traffic expert because the Crown, in all probability, be will initiate proceedings.

The Intoximeter EC/IR is the main device used in Scots law for the analysis of breath samples. It has full type approval under section 7(1)(a) and is recognised as such as a matter of judicial knowledge. It very rarely, however, produces identical readings which will be of a concern to the person accused of drink driving.

Type approval dictates that if the variation between the two samples of breath vary in excess of 15% then the readings are inadmissible and some other procedure will presumably be invoked. Furthermore if an accused’s reading is less than 50ug/100ml or less then s.8(2)ug then the police will require to explain that the person may claim that specimen should be replaced by either blood or urine. This provision takes into account the variations that can be produced by the Intoximeter EC/IR and again will no give the public a great deal of confidence in the prosecution of drink driving cases in Scotland.

My advice is that an alternative sample should always be provided. There are a number of technical reasons for this although, to put it very simply, an accused person has nothing to lose at this stage by doing so. Interestingly, it has been suggested to me by clients I have defended that the police have tried to dissuade them from the alternative sample route. Please be aware that where improper pressure is exerted on an accused not to exercise his option to provide a specimen for laboratory analysis then this will result in an acquittal. Again the services of an expert motoring lawyer are essential in these circumstances.

I would also advise that the independent analysis of samples is undertaken. There are strict time limits that apply due to the degradation principle and, again, advice should be sought at the earliest opportunity. Clearly a degree of expense will be incurred by instructing an independent analysis although it could be the best money you have ever spent.

It is also essential to look at the constituent elements of the charge: namely the concepts of driving/in charge and public place/road. There is a vast amount of legal authority on these subjects and these lines of defence should be investigated.

There is also the defence of “post-incident” drinking. This is loosely referred to as the “hip-flask” defence and means that the alcohol that has lead the prescribed limit to be exceeded was consumed after the act of driving. This is a statutory defence and will require to be properly stated in Court with a toxicology report detailing an expert’s view on the expected alcohol reading at the time of driving. These cases can be complicated and detailed instruction from the client is essential.

These are the very basics and I hope I have given at least a starting point to those who are facing charges of drink driving in Scotland. Expert advice should be sought on this highly technical and specialised area of law. Even in cases where you may think there is no hope, there can be unexpected technical defences and it is imperative that the case is properly examined to ensure a plea of guilty is not tendered to a charge that will never prove.

Michael Lyon is a specialist motoring lawyer based in Glasgow. The Firm undertakes the defence of all types of Road Traffic Cases in Scotland. Expert representation provided in all Courts including Glasgow, Perth, Dumfries, Selkirk, Stonehaven, Aberdeen, Kilmarnock and Paisley.



Vincent

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Tips for Safe Driving During the Holidays

August 8th, 2008
Valerie Nay asked:


Every year during the holiday season TV, radio, newspapers and others talk a lot about the hazards of drunk driving and remind us to be careful. Extra police are on the streets and many cities set up sobriety checkpoints to catch drunk drivers on nights when there are likely to be more parties.

This extra focus reduces the number of alcohol-related traffic accidents and makes all of us safer on the road during the holidays.

Drunk drivers aren’t the only hazard on the road during the holidays, though. While most of us would never dream of getting behind the wheel drunk, we could still be creating serious dangers without thinking about it.

Holiday Madness

Juggling normal responsibilities with shopping, parties, and extra school events can make a normally safe driver a literal wreck. Even if you are always calm and collected, remember that other drivers may be more on edge than usual and take these precautions.

*Be extra patient and make allowances for other people and the mistakes they make. Don’t forget to watch out for pedestrians as well as other drivers.

*Try to keep your attention on what you are doing. Not only could they cause you to make a mistake, but cell phones, eating and other distractions keep you from paying attention to other people and the silly errors they can make.

*Be especially careful in parking lots crammed with cars and pedestrians at this time of year. Take it a little slower than normal to avoid fender benders or worse.

*Take note of your emotions and consider taking a break if you get too stressed out, irritated or emotional. Get a cup of coffee or tea and relax for 10 minutes before you dive back in to the frenzy.

Holiday Fatigue

Another danger that is often forgotten, but also a huge problem during this hectic time of year, is driving while drowsy. Falling asleep at the wheel is obviously the most dangerous result, but tired drivers also tend to be more irritable and impatient.

This year like normal there will no doubt be many people who leave work on Friday and start out on long-distance trips to be with family or friends. College students whose holiday break begin after classes on Friday may be headed home as well.

Here are some recommendations you should consider and pass along to family members and friends who may be traveling by car during the holidays:

*Don’t start your journey tired. Be aware of the risks if you get up unusually early to start your trip or leave directly from work or school when you are tired.

*Plan your trip to include a 15-minute break every two hours.

*Make sure that you and everyone on your trip is carrying emergency contact information and valid identification.

*Share the driving if possible. Safety experts recommend switching off every three hours.

*You’re too tired to drive if you start drifting from your lane, hitting rumble strips, yawning repeatedly, having difficulty focusing or keeping your eyes open, missing road signs or tailgating. Pull over to a safe place as soon as possible, drink a high caffeine drink and take a 15-minute nap.



Corey

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