Do I Have to Be Driving My Car to Be Charged With Drink Driving?
The Transport Operations (Road Use Management) Act 1985 (Qld) imposes sanctions where a person who is over the relevant blood alcohol concentration:
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel.
The offence of being in charge of a motor vehicle is one of a cognate, or like nature offence, of “driving” a motor vehicle whilst under the influence of liquor. There are a number of cases which have dealt with this issue where the accused has reclined the drivers seat and turned the radio on while sleeping off a big night. The court has determined that such conduct makes out the offence of being in charge.
A more significant example of being in charge is the unreported case of Elloy v Noble (15/1987 Townsville, 9 June 1987) where the owner of a motor vehicle allowed another to drive his car. It was involved in an accident and the driver absconded leaving the keys in the ignition. While being questioned by police the Applicant leant against the car. His Honour, Judge Wylie DCJ upheld the conviction and found that the Applicant, by his conduct was “in charge” of a motor vehicle.
In other decisions the Court has held that even where the person is outside the vehicle at the relevant time, where they have recently driven it, or are in a position to drive or attempt to drive the vehicle, they are “in charge” and the offence is made out.
Section 79(6) of the legislation, provides a defence to the offence of being in charge. It relevantly provides that the court shall not convict a person of being in charge where the person has satisfied the court that at the material time they:
by occupying a compartment of the motor vehicle in respect of which the offence is charged other than the compartment containing the driving seat of the motor vehicle; or
not being in that motor vehicle, by some action;
had manifested and intention of refraining from driving that motor vehicle whilst the defendant was under the influence of liquor or a drug, or as the case may be, whilst the concentration of alcohol in the defendant’s blood equalled or exceeded the blood alcohol concentration.
The decided case require two things to be established: the existence of an intention of refraining from driving while under the influence of liquor of a drug and a manifestation of that intention, by occupying a compartment other than that containing the drivers seat.
It is possible to be charged with drink driving in the colloquial sense not only when you are not driving, but in some cases when not even in the vehicle. The dangers of drinking and driving are well known, but the legal consequences of being in charge of your vehicle whilst intoxicated are equally significant.…
Practical Benefits of Hiring a Limo
Riding in a limo is definitely the way to go if you’re looking to make an entrance. Not only is it a convenient and stress free way to get to your destination, it is also quite an attention grabber and is associated with style and class. However, while it may typically seem more economical to take a taxi or drive yourself, there are many situations where hiring a limo or other chauffeured transportation can offer many practical benefits over other options.
There is a common misconception that limos are only for special occasions or the wealthy; however, what people rarely consider is that a limo or other chauffeured transportation may be a more efficient way to get around under more ordinary circumstances, like just another night out on the town.
You may be accustomed to hiring a taxi or driving yourself most of the time, but before you dismiss the notion of hiring a limo for ordinary occasions, consider the following points:
You don’t have to hail a limo in the heat of the day or the cold of the night. You’ll never have to wait around for your chauffeur and your limo will be there no later than when you need it to take you to and from your destination.
You won’t have to drive around aimlessly in search of a parking spot and you don’t have to worry about having to pay for parking. All you have to do is get dressed and show up, and your limo driver will do the rest.
Limo companies charge by the hour and they don’t nickel and dime you for miles driven. In fact, a professional chauffeur will do all in his power to get you to your destination with time to spare. For this reason, if you are going somewhere a little farther away than your usual drive, or somewhere that will require waiting, a limo may be more cost-effective than a taxi.
You will arrive at your destination looking fresh, relaxed and stress free. If it’s raining outside, your chauffeur will even shelter you with an umbrella.
If time is precious and you want to arrive at your destination without the stress of other forms of transportation, then a limo may be the best way to get around. You’ll be calm and collected when you arrive at your destination, and you’ll impress others with your stylish entrance. Hiring a limo or an executive car on occasion can add both luxury and efficiency to your regular routine.…
How Car Maintenance Affects Cheap Auto Insurance
It is good owning a car, but you must keep up with the maintenance schedule to enjoy it to the fullest. But, if you have a poor attitude to maintenance, or nonchalant of what happens to your automobile, you place yourself in a very precarious situation.
You will suffer emergency breakdown, consistent disappointments, wasteful spending on repairs, you high your risk of accidents, place your life and other road users in danger and you may have to pay more for your insurance.
Yes. The more uncared for your car is, increases the rate of risk, especially accidents, fire incident,and expensive maintenance cost. So, your insurer must make you provide the cost to settle the claims when you come calling, by making you pay more.
Every insurance providers is cautious of high risk policy seekers, if not, they will run at a loss.
So ensure, you have a good attitude towards the state of your car. Arm yourself with a competent mechanic, and a reliable place to source for your spare parts when you need to replace a part, or more.
Motor vehicle is a combination of several systems, namely, fuel, ignition, lubrication, braking and clutch, steering and suspension, cooling, and other units that make it work. Any part of these unit systems that develops fault, it directly affects other areas.
Therefore, you need to make sure that all units are performing to the optimum.
Unfortunately, not many auto owners, especially female and younger drivers understand the intricacies in the body parts of a vehicle.
This is the reason you need to get a good and honest mechanic,who will be available anytime your car needs working on. Please, don’t form the habit of using any mechanic you see. Too many cooks spoil the soup. Keep a mechanic who knows the history of your automobile, it helps so much to keep it in perfect shape. Apart from this, loyalty to a mechanic can afford you free services sometimes.
A good mechanic is okay, but if he works with a fake spare parts, his competency will be in question. Therefore, do not fail to get a source to get only original parts for your automobile, and look out for places that can offer you discount as often as possible to help you save cost.
Car maintenance comes with lots of benefits, namely
It prolongs the life of your car.
It helps you enjoy your car to the fullest
It makes driving pleasurable
It reduces the rate of faults and breakdowns
It reduces the rate of accidents
It keeps your car in good shape and helps reduce your insurance cost
It keeps you the owner alive
Your vehicle maintenance should not be compromised. It’s to your own advantage. You can rely on comprehensive site online to source for all your auto need.…
An Auto Repair Specialist Can Save Your Vacation
Let’s face it. It’s beach time, and most people aren’t thinking about auto repair. But your car could stand in the way of all that sun. There are a few things to consider before your leave on your trip.
Check your tires! Tires that are improperly balanced or filled can harm gas mileage and cause you to spend more money. Look at tread wear. You can use the penny test; put a penny (with Lincoln’s head facing you and pointing down) in the tread of the tire. If you can see the top of Lincoln’s head or any words above it, you need to have a professional check your tires. Also, make sure all valve stems are capped.
Along with your tires, you should make sure your brakes are in top condition. Faulty brakes can cause accidents. Turn off your music and listen closely when you come to a stop. If you hear any grinding or squealing, see a professional as soon as possible. If you notice slight turning of the steering wheel or shuddering of the front end of the car, schedule an appointment immediately to have your local auto repair center check the safety of your brakes.
Next, you’ll want to make sure all lights are working. This includes turn signals and interior lights. Any dead bulbs or fuses should be replaced.
Now comes the part you’ll need a little – or maybe a lot of – help for. Fluids, fluids and more fluids. Having a professional at an auto repair center check the fluid levels in your car is vital to performance. Your car’s engine requires the proper amount of oil to run smoothly and can seize if the oil runs low. Seized engine equals no beach, and that’s no fun for anyone.
A professional will be able to best determine the proper type and amount of oil and amounts of other necessary fluids. Even something that seems simple, like windshield washer fluid, can make a big difference. Ever tried to get bugs off of your windshield with dry wipers? Yeah, prevent that bug-gut smear by having your washer fluid topped off before your trip.
It’s almost summer, and the heat can be relentless. So, you’ll definitely want to make sure the air condition in your car is working properly. Your local professional can assess your system, including coolant and the air filter, for any issues that may cause a less than comfortable traveling environment.
Last, double check your emergency equipment. Make sure the spare tire is in proper working order. Check that you have all the pieces to the jack in case you need to change a tire. A proper emergency kit for your car should contain, at the very least, jumper cables, flares, a flashlight and a map of your most traveled areas. Ideally, a basic first aid kit would be part of your emergency preparations.
Proper planning for a trip includes your vehicle. Don’t get so wrapped up in running for the beach that you end up stuck on the side of the road with a flat tire. Make an appointment with your local auto repair specialist to make certain your car is in great vacationing condition.…
Ways to Determine If a Motor Vehicle Accident Attorney Is Right for You
One of the things about a car accident is that not only are you dealing with the shock of the experience, but you are also dealing with pain, financial issues, repairs, and a host of other responsibilities. One way many people choose to make things easier is by hiring an attorney, but the question you should begin to ask yourself is if hiring an attorney is right for you.
Dealing with car collisions alone
If you have never been in an auto accident then you are perhaps unaware that many people think they can handle their auto accident by themselves. While this can be the case, more often than not the problem is that these cases can become difficult quickly. For instance, the opposing party has an insurance agency with an army of lawyers whose sole aim is to deny your claim. How can you fight effectively against that? You might then think that your own insurance company has an army of lawyers on your side, but you would be mistaken. The aim of your insurance agency is to get the other company to deal with this so they are not really looking out for you. If, in the end, you are not compensated then they are not concerned about it.
If you hire an accident attorney what should expect them to do for you?
Remember that army of lawyers the other guy has? When you hire a group of car accident lawyers you now have your own army behind you. While the other insurance company simply wants you to take a settlement and be done, this ultimately means you have agreed to seek no more from the other party or company. When you hire a lawyer they will ensure you get everything coming to you. Their job is get as much as is right because not only are they getting paid out of this, but it is their job to make sure you are covered for property and personal damage including but not limited to rehab.
How will these attorneys help me in my motor vehicle accident case?
First, these lawyers make sure that everything is cared for correctly. You had a damaged car, and they will ensure it is repaired correctly. You were injured, and they will make sure the medical bills are covered correctly. If you could not work during this time then the lawyer makes sure you will get paid for any time you were not able to work and this includes any earnings in the long term that you can no longer get because of injury. That is not all, however. There are other costs that are much more difficult to determine. How much should you get for your pain? For your suffering? For emotional issues you now must deal with? It can be hard to guess, but a team of professional lawyers can get what you need and deserve.
Is this right for you?
With all of this information you may be wondering if a lawyer is right for you because you are worried you may not have a good case. The only way to really know is to ask. Find yourself a good and reputable law firm and seek them out. Present your situation to them and they will let you know whether or not you have a good case.…
How To Make Your Used Car Last Longer
Here are some suggestions on how to make your used car last longer. By keeping it clean and running smoothly with regular maintenance you may find that you are able to fully enjoy your car and save money at the same time.
Keep your car clean.
One tip to make your used car last longer is by keeping it neat and clean. Many of us spend a lot of time in our vehicles, and keeping it tidy can keep the car looking like new.
Keeping the car clear of debris such as to-go food containers, French Fries and other trash will avoid staining the interior and the carpets. Taking out the kid’s toys and sports equipment after each use can help in keeping the car neat.
Try and vacuum the seats and the floors every couple of weeks. Wipe down the dashboard, door handles and wash all the windows.
Wash the outside of the vehicle to keep it shiny and bright like new. Make sure to wipe the wheel wells free of the brake debris and ArmorAll the tires so they maintain their deep black color. A product like ArmorAll may also help keep the tires from showing cracks as quickly.
By keeping your car clean, vacuumed and free of debris you can enjoy that “new car” feel. Show your car some TLC and help make your used car last longer.
Have regular maintenance done.
Follow the manufacturer’s guide and keep up with their suggested regular maintenance. Have the oil and oil filter changed as recommended. Have the air filter changed.
Have the auto technician fill your fluids, making sure they are clean. These fluids might include the brake fluid, the transmission fluid, the steering fluid and the windshield wiper fluid.
Ask the mechanic to check your spark plugs and their connections. Be sure the belts are free of cracks or splitting that could cause them to break. Check the battery and its connections to be sure they are free of oil, dirt and debris that can get under your engine.
Have the tires rotated and balanced according to the manufacturer’s suggestions. Be sure the tires have enough pressure in them to make them last even longer. Have the technician check the depth of the tread so you’ll know when the tires need to be replaced. Check the shocks for optimal operation.
Maintaining your car can make your used car last longer, and may even avoid costly repairs down the road.
Keep accurate maintenance records.
Another suggestion for making your used car last longer is by keeping accurate records of the maintenance you have done to your car.
Keep a log on your computer or get yourself a notebook to keep all logs in one, convenient spot. Keep all receipts and necessary paperwork in one safe location in case you ever need to refer back to them.
Write down each time you take your used car in for regular maintenance. Document what you had done, the mileage on the odometer and the date you had the repairs done. This could make tracking the necessary maintenance according to your manual easier for you.…
Teenagers Driving Trucks Suffer More Auto Accident Injuries, Texas Study Finds
Most people believe that driving a bigger, sturdier car like a truck will make their drive along Texas roadways safer. Many truck drivers feel that if they get hit, they are more likely to be okay. A new study conducted by researchers at the University of Texas, and published in the traffic safety journal Accident Analysis and Prevention, somewhat disproves this belief.
The UT transportation engineering study uncovered several well-known findings worth recounting. Most notable is that drinking and driving is the deadliest combination for teenage drivers.
Some of the more surprising findings of the study were that driving a pickup puts teens, especially 16- and 17-year-olds, at far higher risk of injury than driving a car. Researchers believe that a pickup truck’s powerful engine leads to aggressive driving behavior by teenage drivers. The speed of trucks, combined with older truck models not having the same safety features as regular cars is a recipe for disaster on Texas roads.
Age remains a big factor in dangerous traffic accidents. 16- and 17-year old drivers are more likely to drive aggressively than drivers aged 18-20. Teens driving with one teen passenger are more likely to be in an accident than those with two or more teen passengers, perhaps because the young driver feels a duty to entertain a solo passenger.
So the message of this recent study rings loud and clear – teenagers and other new drivers are more likely to get hurt if they are young and if they are in a truck. Parents should encourage new drivers to drive slowly, drive without distraction, and practice driving until they feel comfortable in their primary vehicle.
Safety Tips for Teenage Drivers:
Limit the hours new drivers drive to safer, daylight hours
Drive with few or no young passengers in the car; risks increase with more teenagers in the car
Use seat belts
Drive safer vehicles if possible
Parents can and should take courses on teen drinking
If you or someone you know needs assistance with a Texas motor vehicle accident claim, please contact experienced Texas personal injury lawyers before giving a statement to an adjuster or accepting any form of payment for your damages.…