Month: April 2021

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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