What are the Drink Driving Penalties in Australia

What are the Drink Driving Penalties in Australia

Getting caught drink driving can turn out to be a serious offence – depending on a couple of factors, you could be facing disqualification from driving, potentially heavy fines, and in some cases even jail time. But what are the drink driving penalties in Australia and when do they apply? 

Here is your quick guide to navigating limits around Australia. 

What is a Drink Driving offence?

Drink driving is when someone is driving while:

  • With a blood alcohol concentration over the legal limit;
  • Under the influence of alcohol or any drug where the driver is, therefore, unable to exercise proper control over the vehicle

Drink driving laws in Australia

Depending on where you are, you might face a slightly different penalty for the same offence. That’s because States and Territories have their own road laws when it comes to drunk driving and the penalties that occur as a result. 

For example, in Victoria, it’s the Road Safety Act 1986 that applies, whereas, in Western Australia, it’s the Road Traffic Act 1974, sections 63, 64AA that counts. If you’re new to town, it’s worth knowing the exact limits, even if they’re largely similar from state to state.

What is the limit across Australia?

Even though states have different laws, Across Australia a 0.05% Blood Alcohol Concentration (BAC) or higher is an offence. Differences between states come into play when someone’s BAC is higher than 0.05. 

Where are these laws applicable?

Across Australia, police are allowed to stop any car and ask for a breath test. If you are caught drink driving in any vehicle (car, truck bus, even jet skis, and boats, etc.) on a public road (or waters), you are subject to the relevant law and likewise punishment. Most states also include private property in these laws; however, this isn’t the case everywhere. 

If you weren’t behind the wheel of a moving vehicle, and the vehicle was turned off, you cannot be charged, and should immediately consult a lawyer if you are. 

What is the drink driving limit in Western Australia?

So what does the law say about drink driving in WA? Essentially if you’re over the limit you face consequences such as a loss of demerit points, or a notice to appear in the Perth Magistrates Court to determine the penalty. Here’s what you need to know:

  • In Western Australia, if you’re on a normal licence and you’re caught with a BAC of between 0.05 and 0.079 you will face penalties.
  • If your BAC is higher than 0.08, you will receive an automatic disqualification until the issue is resolved in court. 
  • You must have a 0 BAC if you’re one of the following: novice driver, extraordinary licence holders, taxi drivers, bus drivers, and anyone driving a heavy vehicle like a truck.

What are the drink driving penalties? 

There are multiple possible penalties for a drink driving offence. Depending on where you are, the circumstances, and your BAC, there is a range

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How to prevent elder abuse during the coronavirus?

Elder abuse is a heinous offense that can attract criminal, civil, and moral charges. Victims of elder abuse vary by status, gender, background, and age. While institutional elder abuse is commonly heard of, domestic elder abuse is also rising over the past few decades. If you suspect your elderly neighbor or relative is going through abuse, it’s the best time to look for an elder abuse attorney near me.

Elder abuse can manifest itself in a multitude of ways. While some stringent laws and rules safeguard an elder’s rights and interests, most elder abuse cases go unreported.

According to a report by the National Institute of Health, only one in fourteen cases of elder abuse is reported. The NCA (National Council of Aging) report suggests that over five million older adults are subjected to elder abuse every year. The looming uncertainty created by the Coronavirus pandemic has given rise to elder abuse cases.  

Elder abuse can range from financial, psychological, emotional, physical, or sexual offenses. Negligence and abandonment are also considered elder abuse and punishable by elder law. Elder abuse can physically, emotionally, financially, or psychologically impact an elderly victim.

Older people are already vulnerable to abuse and financial fraud. 

The current situation of the Covid-19 pandemic and various social distancing and isolation norms have disproportionately affected elders. This has made it easier for abusers to escape unnoticed.

Some signs that indicate elder abuse by a caregiver or family member:

  1. Substance abuse by the family member or caregiver
  2. Keeping the elder in isolation or restricting their interaction with others
  3. Conflict in stories or incidents told by the caregiver/family member and elderly person
  4. Speaking on behalf of the older adult even when they are capable of representing themselves

Laws that overlook elder abuse cases

Local and state health departments run Adult Protection Services for victims of elder abuse. These agencies are formed to investigate elder abuse cases and protect the rights of older adults. Besides this, federal laws that address elder abuse cases are the Elder Justice Act and Older Americans Act. Unfortunately, due to lack of funding, the effectiveness of these acts has decreased over time. Since EJA allocates funds to Adult Protection Services, they experience challenges in enforcing existing elder abuse laws.

Identifying elder abuse is crucial in preventing it from turning catastrophic. If you are an elder or someone caring for elder parents, you must be aware of various ways to prevent abuse. 

There are various ways to prevent you from being an elder abuse victim.

  • Know your rights as an elder in America
  • If you are an aging individual, practice a healthy lifestyle to decrease your chances of becoming a vulnerable target
  • Keep tab of all your financial accounts and documents
  • Consult an estate planning lawyer to draft a living will to prevent unauthorized changes to your estate plan
  • Keep your estate plan and will updated or review it periodically
  • Keep your personal information safe from suspicious individuals
  • Avoid sharing your personal details on social
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What to do if you meet a car accident in Philadelphia?

Safety is the first rule when you are on the road as when you are driving, not only your life is in your hands, but the lives of the other people on the road is also in your hands, and a little lack of concentration can result into something horrible. Road accidents are happening in Philadelphia, no matter how much the technology is improving in the vehicles to provide maximum safety. A lot of people die because of road accidents, and many suffer serious injuries as well.

The education, for firstly preventing the accidents from happening and secondly, for taking a safe trip on the road is to be made more common. Many times, we see people fleeing the scene once they have met an accident. The education, as to what you should do if you meet an accident and what you should follow later, should be given as much as possible to the people. If you have met the accident and have made some severe mistake like fleeing, contacting the Philadelphia car accident lawyer is the first thing to do. Still, if you are just curious to know about the right thing to do, you need to carry on with the post until the end.

Here is a list of things to do if you have had a car accident. If you follow this list, you would be able to get through the process’s legalities with ease.

  • Never run the scene: the worst thing to do after meeting a road accident is to flee the scene. Never run away. Just stop right there and wait for the help to arrive.
  • Help protect the sight: now that you have hit, you need to protect the others from any damage, and for that, you will protect the scene of the accident by using your flashlights or setting up a flare. If you have nothing working, a torch from your cellphone could help keep people away from there.
  • Call the cops: it is advisable to call the police whenever there is some road accident. No matter whether there are serious injuries or not, you need to inform the police. They make a report that can prove helpful in claiming your insurance from the company as well. When the police have a record of the happening, things get more comfortable for you.
  • Be honest: when the police have arrived to create an investigation report of what has happened, it’s your responsibility to tell everything honestly and truthfully. Hiding any details could be harmful to you and others.
  • Take evidence: whether there have been serious injuries or not, you should try to take pictures of the accident site because it can be beneficial for the police while investigating. If there is some visible damage between the cars, you can use the pictures to reveal that. You are staying alert and active after the accident is significant, of course, if you haven’t met any severe injury.
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How to Proceed When You Get Your Car Damaged by Someone

1. Report the damage to the police

Sometimes it becomes a complex procedure to know exactly who damaged the car and if there was some sought of contributing element on your side too. This is why you need to report the incident to the police.

You might document the incident by taking pictures of the damaged car part, in case it is a hit and run if you can reach your camera before the culprit disappears will greatly help the police find the person responsible so you get your deserved compensation.

The police are also obligated to make an official report that will be produced possibly if the matter goes to court that is when there is a dispute of whether the other party is truly responsible for the damage.

This report taken will also come in handy when you need compensation from your insurance company. Because car insurance companies are not ‘accident watchdogs,’ they will not be able to ascertain whether the claim damages being sought truly resulted from the incident.

The police report will therefore act as proof of the damage and from there the insurance company can go ahead and quantify the damage and issue compensation.

2.  Notify your insurer

With this, I presume you have already insured your car, if not, I will give a short guide to proceed in the next block.

You already know the benefits of taking car insurance, in this case, it will lift the burden of having to repair the car from you to your insurance company.

You’ll be required to notify your insurance company of the accident. From there, the insurance company will send their team of experts to look at the damage that has occurred, confirm that you have an active cover (meaning you’ve been paying your premium.)

When confirmation is given, the insurance company will go ahead and bear the cost of the damages.

There is a lot to cover when it comes to insurance and how it operates. This will be largely covered and explained to you by your insurance company.

Therefore be sure to learn how your insurance works before purchasing any insurance policy. Because many insurance companies cover car damages, I suggest that you read some Car insurance companies reviews to help you make a better choice on which company to choose and which to avoid.

While reading the reviews look at how the company responds to claims and the general customer care service, among other things.

3.  Filing a claim

I didn’t cause the damage, why should my insurance company cover? If you are questioning this, then the short answer is that, yes the other party may cover the damages.

However, for quick relief, your insurance company can cover the damage and then proceed to seek compensation from the third party’s insurance company.

In law, this is often referred to as Third-Party Insurance claim. While you might not know much about it, it shouldn’t be much of a worry because often when …

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What Laws Protect Travellers In Norway When Trips Are Cancelled

Cancellation insurance can be bought and prevents you from costly cancellation fees if you get ill or get some other serious obstacles. The traveler is entitled, after payment of a cancellation fee, to cancel the travel package before it commences. The travel package contract will provide for a reasonable one, uniform cancellation fee. The time of cancellation and the start of the travel package, the estimated cost savings of the organizer, and profit from alternative usage of the travel services shall be considered when setting these fees. If the package travel contract does not allow for a fixed cancellation fee, the size of the charge shall be the price of the travel package minus the cost savings of the organizer and the revenue from alternative usage of the travel services.

Cancellation of travel package at no charge

According to section 22, the traveler is entitled to cancel the travel package before it starts, without charging a cancellation charge, if conditions are unavoidable and exceptional at the destination or its immediate vicinity, which would substantially affect the performance of the travel package or the transport of passengers to the destination.

Cancellation by travel agent/company

According to section 23, the travel agent/company may cancel the travel package if the number of persons enrolled for it is less than the minimum amount specified in the contract and the organizer notifies the traveler of the cancellation by the deadline specified in the agreement, but no later than the following:

(A) 20 days before travel package begins, for journeys lasting more than 6 days

  1. B) 7 days before the start of the travel package, for journeys of between 2 and 6 days

(C) 48 hours before the beginning of the travel package, for journeys of less than 2 days.

The travel agent/company may also cancel the travel package if, due to unavoidable and exceptional circumstances, its success is prevented, and the traveler is informed without undue delay of the cancellation. The traveler does not have the right to compensation if the cancellation occurs because of circumstances related to subsections 1 or 2.

Refunds

When the travel package is canceled according to section 20, subsection 2, 21, or 22, or if the organizer cancels the travel package pursuant to section 23, the organizer shall refund all sums charged for the ride. The cancellation charge can be deducted in connection with cancellations, according to article 21. Refunds shall be paid to the traveler in all cases without unreasonable delay and no later than 14 days after the termination of the travel contract for the kit. This is done by Momondo, which helps you to find hotels and travels.

Although in other European countries, Flight Cancellations Regulation 261/2004 on Air Passenger Rights specifies that the traveler should be entitled to a refund or re-routing to their destination in the case of the airline canceling. Some airlines provided vouchers that would allow passengers to fly in the future, and some airlines eliminated the online refund facility to force …

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Berkshire Hathaway Says Blue Chip Law Firm Aided Fraud

FRANKFURT — Berkshire Hathaway may have found a way to get back some of the hundreds of millions of dollars it lost after buying a seemingly solid German pipe maker that turned out to be on the verge of going bust.

The conglomerate, led by Warren E. Buffett, is suing Jones Day, the law firm that represented the owners of the pipe maker when it was sold to a Berkshire Hathaway subsidiary in 2017. The lawsuit, filed late last month, accuses Jones Day of helping to trick Berkshire Hathaway into paying five times what the German company was worth.

There is not much chance that Berkshire Hathaway will recover any money from the sellers of the pipe maker, Wilhelm Schulz, which was named for its founder. The shareholders have declared bankruptcy and are facing a criminal investigation in Germany. But Jones Day is a prominent international law firm with deeper pockets.

The attempt to collect damages from Jones Day is an unexpected twist in the saga of Wilhelm Schulz, which is based in Krefeld, a city north of Düsseldorf. If the suit is successful, it will be at least a small consolation to Berkshire Hathaway shareholders after the company lost $23.3 billion in the first half of 2020. (Profits rebounded in the later part of the period, however.)

“The fraudulent transaction would never have occurred without Jones Day’s substantial assistance,” according to the lawsuit, filed in U.S. District Court in Houston on behalf of Precision Castparts, a Berkshire Hathaway subsidiary that makes components for aircraft. The lawsuit accuses Jones Day of withholding documents that would have exposed Wilhelm Schulz’s perilous financial state and calls the firm a “co-conspirator” in a “massive fraud.”

Ulrich Brauer, the partner in charge of Jones Day’s office in Düsseldorf, said the firm would not comment on a pending case.

Jones Day lawyers in Houston and Düsseldorf handled the sale of Wilhelm Schulz, which specializes in pipes for the oil and gas industries. Jones Day also represented the owners, who included Wolfgang Schulz, the son of the founder, when the case went before an arbitration panel in New York.

The panel found in April that Mr. Schulz and other managers had used false sales invoices, computer hacks and phantom customers to make Wilhelm Schulz look healthier than it was and hoodwink Precision Castparts into paying a grossly inflated price. The deal was a rare misstep for the organization run by Mr. Buffett, who is considered one of the savviest investors in the world.

The arbitrators awarded 643 million euros ($756 million) in damages to Precision Castparts, which is based in Portland, Ore. That is the difference between the €800 million that Precision Castparts paid for Wilhelm Schulz and its estimated true value of €157 million. The arbitrators’ decision was upheld in July by the U.S. District Court for the Southern District of New York.

Because the holding company controlled by Mr. Schulz is in insolvency proceedings, “it is unclear if it will pay even a fraction

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Unrest in Avon? Trump’s message of law and order, loaded with racist undertones, takes aim at safety and security in Connecticut suburbs

In the eyes of President Donald Trump and some Republicans, electing the Democrats in 2020 would lead to a clear and frightening outcome: tranquil suburbs in Connecticut and elsewhere would be overrun by crime, violent protests, and social decay.

It’s an old message with a new twist, fueled by the backlash against Black Lives Matter protests and demonstrations this summer that were largely peaceful in Connecticut, but turned violent in Portland, Chicago, Los Angeles and other cities.

Referring to the prospect of civil unrest, David X. Sullivan, a Republican candidate for the 5th Congressional District, told the Courant that he is “concerned about Avon, Farmington and Simsbury becoming as violent as Portland, New York and Chicago.”

Unrest in Avon?

Trump’s law and order message and its many versions may sound far-fetched to some. But there is a racist undertone to the rhetoric that has proven effective in the past, said Noel A. Cazenave, a professor of sociology at UConn. It reflects a long history of American politicians attempting to secure votes by playing up racial fears.

A Trump campaign video from July conjures up a world of defenseless suburbs under attack, showing a fictionalized scene of an elderly white woman watching a news segment about the defunding of the police as a shadowy intruder breaks into her house. She calls 9-1-1 but there is no dispatcher to pick up. The ad flashes a message: “You won’t be safe in Joe Biden’s America.”

Sullivan said he rejects any implication that there is a racial element to his campaign messaging, which he described as an effort to “promote safety, in our homes, in our workplaces.”

But Cazenave notes that fear-mongering in political campaigns has deep roots in America, from Richard Nixon’s “Law and Order” campaign in the late 1960s to George H. W. Bush’s late 1980s political ad centered on Willie Horton, a Black man incarcerated in Massachusetts who raped a white woman while released on furlough, meant to demonstrate his Democratic opponent’s weak stance on crime. Trump is exploiting those same themes this year, Cazenave said.

“Donald Trump’s appeal to European-American suburban women voters is intended to exploit fear that if Joe Biden is elected, low-income African Americans and African American protestors will invade their suburbs,” Cazenave said. He noted that the tactic is “an extension of the old racist trope of imperiled white women.”

Message resonating?

Many Trump supporters in the state say they find comfort in Trump’s promise of safety and were angered to see Connecticut law enforcement come under attack during Black Lives Matter protests this summer and through the recent police accountability bill signed by Gov. Ned Lamont.

In a Biden White House, Trump supporters say they fear the dismantling of constitutional liberties and a lax approach to public safety.

“We haven’t seen the Democrats come out and really put a squash on the increase in crime or the rioting out West and even though we haven’t seen it here, there is that fear that

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Supreme Court: Democrats and Republicans seek hints for how Barrett will rule on health care law

For the second day of Barrett’s questioning in the Senate Judiciary Committee, the health care law was a dominant topic on both sides of the aisle thanks to the looming November case the Supreme Court will hear on a Republican effort to strike down the law.

Both Judiciary Chairman Lindsey Graham and Sen. Dianne Feinstein, the panel’s top Democrat, asked President Donald Trump’s Supreme Court nominee about the legal doctrine of “severability,” or whether the entire law can stand if one part of it is deemed unconstitutional, during Barrett’s second day of questions before the committee on Wednesday.

It’s a concept that could play a key factor in the case from Republican attorneys general and the Trump administration that seeks to strike down the Affordable Care Act case next month. They argue the entire law, commonly known as Obamacare, should be struck down because the law’s individual coverage mandate is unconstitutional.

Barrett explained to Feinstein, a California Democrat, that severability was like a game of “Jenga.”

“If you picture severability being like a Jenga game, it’s kind of like, if you pull one out, can you pull it out while it all stands? If you pull two out, will it all stand?” Barrett asked. “Severability is designed to say well would Congress still want the statute to stand even with the provision gone?”

Graham, during his questioning of Barrett, seemed to suggest he thought that the Affordable Care Act could be saved because of severability, saying the doctrine’s “goal is to preserve the statute if that is possible.”

“From a conservative point of view, generally speaking, we want legislative bodies to make laws, not judges,” Graham said, before asking Barrett, “Would it be further true, if you can preserve a statue you try to, if possible?”

“That is true,” Barrett said.

“That’s the law folks,” Graham responded.

The challenge to President Barack Obama’s health care law from Republican state attorneys general and the Trump administration has become a central issue in this year’s election in part due to Barrett’s confirmation. Democrats have focused their arguments during Barrett’s confirmation hearings on the way the law has provided care for individuals.

But Senate Republicans, who back the lawsuit to kill the law, have backed away from that implication in the lead-up to Election Day. Senate Majority Leader Mitch McConnell, who is also up for reelection, said during his debate Monday that “no one believes” the Supreme Court will strike down the entire law.
Graham, who is facing a tough reelection fight this year, raised the severability argument but also launched into another attack on the health care law, “Obamacare is on the ballot.”
How Jaime Harrison's campaign could spend $57 million before Election Day

The South Carolina Republican praised Barrett’s record, comparing her to Obama’s nominees Justices Sonia Sotomayor and Elena Kagan, calling Barrett the first woman nominated to the high court who is “unashamedly pro-life.”

Just as they did during Tuesday’s lengthy questioning, Democrats sought to pin down Barrett on a number of topics she could hear in the future, including voting

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The Law Offices of Frank R. Cruz Files Securities Fraud Lawsuit Against LOOP Industries, Inc.

The Law Offices of Frank R. Cruz announces that it has filed a class action lawsuit in the United States District Court for the Southern District of New York captioned Tremblay v. Loop Industries, Inc., et al., (Case No. 1:20-cv-08538) on behalf of persons and entities that purchased or otherwise acquired Loop Industries, Inc. (“Loop” or the “Company”) (NASDAQ: LOOP) securities between September 24, 2018 and October 12, 2020, inclusive (the “Class Period”). Plaintiff pursues claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”).

If you are a shareholder who suffered a loss, click here to participate.

Loop is a technology company that purports to own proprietary technology that depolymerizes no- and low-waste PET plastic and polyester fiber. The resulting material is used to create PET resin for food-grade packaging.

On October 13, 2020, Hindenburg Research published a report alleging, among other things, that “Loop’s scientists, under pressure from CEO Daniel Solomita, were tacitly encouraged to lie about the results of the company’s process internally.” The report also stated that “Loop’s previous claims of breaking PET down to its base chemicals at a recovery rate of 100% were ‘technically and industrially impossible,’” according to a former employee. Moreover, the report alleged that “Executives from a division of key partner Thyssenkrupp, who Loop entered into a ‘global alliance agreement’ with in December 2018, told us their partnership is on ‘indefinite’ hold and that Loop ‘underestimated’ both costs and complexities of its process.”

On this news, the Company’s share price fell $3.78, or over 32%, to close at $7.83 per share on October 13, 2020, thereby damaging investors.

The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors: (1) that Loop scientists were encouraged to misrepresent the results of Loop’s purportedly proprietary process; (2) that Loop did not have the technology to break PET down to its base chemicals at a recovery rate of 100%; (3) that, as a result, the Company was unlikely to realize the purported benefits of Loop’s announced partnerships with Indorama and Thyssenkrupp; and (4) that, as a result of the foregoing, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.

Follow us for updates on Twitter: twitter.com/FRC_LAW.

If you purchased Loop securities during the Class Period, you may move the Court no later than 60 days from the date of this notice to ask the Court to appoint you as lead plaintiff.  To be a member of the Class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent member of the Class.  If you purchased Mesoblast securities, have information or would like to learn more about these claims,

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Thai protesters surround Government House

Thousands of protesters broke through police cordons and surrounded Thailand’s seat of government on Wednesday, marking a symbolic moment in their three-month campaign against the establishment.

About 10,000 demonstrators converged on Government House in the capital, Bangkok, settling in for what organisers said would be several days of protests.

The student-led demonstrators are calling for the resignation of the government of former coup leader Prayuth Chan-ocha, the writing of a new constitution and an end to the harassment of political dissenters.

They are also making what were until recently unheard of demands for limits on the wealth and powers of King Maha Vajiralongkorn, who spends most of his time in Germany.

On Wednesday the king’s wife, Queen Suthida, was jeered as her limousine passed within a few metres of the protests. Demonstrators cried “My tax money!” and gave her their defiant three-fingered salute, taken from the film The Hunger Games.

King Maha Vajiralongkorn and Queen Suthida on their way to the Grand Palace in Bangkok on Wednesday
King Maha Vajiralongkorn and Queen Suthida on their way to the Grand Palace in Bangkok on Wednesday © Jorge Silva/Reuters

The royal couple has been in Thailand only on brief holiday visits this year, but returned on Saturday for what is expected to be a longer stay, and is now encountering a protest movement that incubated during the coronavirus lockdown.

On Tuesday police violently dispersed a pro-democracy protest at Bangkok’s Democracy Monument close to where the king’s motorcade was due to pass, and arrested 21 people. Human Rights Watch said those detained were charged with intent to cause violence, using loudspeakers without permission and several other offences. 

On Wednesday protesters gathering at the monument ahead of the march on Government House were met by pro-government demonstrators in yellow shirts, the colour of the royalist establishment. Some of those wearing yellow shirts were said to have been police.

Pro-democracy protesters dressed in traditional Thai costumes take part in the anti-government rally
Pro-democracy protesters dressed in traditional Thai costumes take part in the anti-government rally © Jack Taylor/AFP/Getty

The anti-government protesters broke through metal barriers around the monument, which commemorates the 1932 uprising against absolute monarchy, and removed the plant pots put in place after the 2014 military coup to keep people away.

Apart from some fistfights and minor scuffles, the unrest has been peaceful so far. However, the mood has turned uglier in terms of the rhetoric being used by both sides, and the apparent move by the Thai government to muster police on their side. 

“We’re seeing some signals from the opposite side that they are trying to provoke people,” said Napat Chaunrumluek, a 21-year-old student at Thammasat University. “It started in the morning, and there was a little chaos.” 

On Tuesday, hashtags insulting the king and other royals were traded on Thai social media including one saying “the king is trash” and another asking “why does the king exist?”

Additional reporting by Ryn Jirenuwat

Follow on Twitter: @JohnReedwrites

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