Driving under the Influence of Drink or Drugs
Choosing a subtopic
- Driving
- Careless Driving
- Dangerous Driving
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Driving under the Influence of Drink or Drugs
- 1. Elements of the offence
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2. Obligation to submit to screening breath tests and provide specimens for analysis
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a. Obligation to submit to a screening breath test
- 1. Mr. D, while driving, was stopped by the police for a random breath test. Mr. D, who had just attended a rave party, was perfectly aware that the alcohol level in his body definitely exceeded the statutory prescribed limit. In the hope of getting awa
- 2. Ms. D had a few drinks at a bar and then drove home. She was stopped on the way by the police for a random breath test. Ms. D knew that she couldn’t refuse to do the test. But she deliberately blew around the mouth piece instead of into it. Would h
- b. Obligation to undergo drug test
- c. Obligation to provide specimens for analysis
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a. Obligation to submit to a screening breath test
- 3. Sentence
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Some other offences
- 1. Related to driving licences
- 2. Related to registration marks and vehicle licences
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3. Related to traffic lights and signs
- Q1. What should drivers and pedestrians do when the light signal is not working?
- Q2. I am a visually impaired person. I crossed the road without noting that the pedestrian light was on red. I am charged with jaywalking. Is it a defence that I am a visually impaired person?
- Q3. In a congested road, if a vehicle has mostly passed a yellow box marking (e.g., 2/3 of its length has passed), is the driver in breach of any traffic laws?
- Q4. When a traffic light signal turns amber, a driver stops the car immediately. At the time when it turns red, the car stops completely with its head having crossed the stop line. Is the driver in breach of any traffic law?
- 4. Related to speed limits
- 5. Related to alteration of vehicles
- 6. Related to safety equipment
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7. Related to the use of mobile phones
- Q1. Ms. M understands that it is illegal to hold and talk on a mobile phone while driving. But she is unsure about using the speaker-phone function? And what about using a hand-free device? Does the law prohibit the use of such function or device?
- Q2. Nowadays many taxi drivers have multiple mobile phones in front of their driver seats to receive calls for business. This possibly will affect their attention on road situations. Are taxi drivers in breach of any traffic law in such circumstances (even if they make and receive phone calls with hand-free function)?
- Q3. Can drivers watch videos during driving?
- 8. Related to private roads
- 9. Related to expressways
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10. Related to parking
- Q1. Do people obstructing a parking space by placing an object (e.g., a chair) there violate the laws? If I drive a car and pass by, do I have right to the remove the object and park my car into the parking space?
- Q2. Mr. P, had a heated quarrel with his wife while driving along Queen’s Road Central. He became so agitated that he stopped the vehicle in the middle of the road and just left the scene (and also his poor wife alone in the vehicle).
- Q3. Is it parking if I stop my car at the roadside but the engine is still on?
- Q4. Can traffic tickets be issued from midnight to dawn to vehicles parked in any area which are not designated parking spaces without obstructing other traffic or pedestrians?
- Q5. Can parking spaces with malfunctioning meters be used?
- Q6. Motor vehicles left unattended in streets or carparks for extended period are found at times. What action can be taken if it happens in the public area? What action can be taken if it happens in privately run carparks?
- 11. Related to insurance
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12. Related to pedestrians
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a. Jaywalking
- Q1. Mr. J crossed a road irrespective of the red light signal. He argued that despite the red light signal, he had carefully checked that there was no vehicle approaching. He therefore believed that it was safe to cross the road and proceeded to do so. Did Mr. J’s argument amount to a “reasonable excuse”, so that he was not liable under Regulation 33(6) of the Road Traffic (Traffic Control) Regulations (Cap.374G of the Laws of Hong Kong)?
- Q2. Does a pedestrian commit the offence of jaywalking if the pedestrian light is not working and he/she crosses the road?
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b. The negligent pedestrian
- Q1. Ms. N crossed a road while talking on her mobile phone. She did not look properly up and down the road and did not notice an approaching vehicle. The vehicle failed to stop in time and knocked down Ms. N. Would Ms. N be liable under section 48 of the
- Q2. My car camera recorded someone hitting my car deliberately and pretending to be knocked down by my car. Will that person be charged? Will I be charged with careless driving?
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a. Jaywalking
- 13. Related to cycling
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14. Related to other vehicles and electric mobility devices
- Q1. Are electric mobility devices treated as “motor vehicles”? Is riding on electric mobility devices (e.g. electric scooters, electric unicycles, electric hoverboards, electric skateboards, electric bicycles, etc.) illegal in Hong Kong? What charges could be laid against the riders?
- Q2. Do I bear the responsibilities of a driver if I ride an electric unicycle on the road and hit someone?
- Q3. Are electric golf carts regulated by traffic law?
- Q4. Are electric wheelchairs regulated by traffic law?
- 15. Related to Animals
- 16. Related to environmental protection
- The Driving-offence Points System and the Fixed Penalty System
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What to do when accidents happen
- 1. Duty to stop
- 2. Duty to give particulars
- 3. Duty to report
- 4. Preserving evidence
- 5. Notifying an insurer
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6. Using video clips as evidence in court
- Q1. Can video clips from driving recorders (of any driver involved in a case, or any third-party driver) be used as evidence in court?
- Q2. What makes a video clip admissible evidence? (Correct time? Vehicle registration number clearly captured?)
- Q3. What makes a video clip be regarded as being "interfered" and that may cause it inadmissible in court?
- Q4. What can I do if my driving recorder has recorded the happening of a traffic offence on the road?
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7. Private settlement
- Q1. Does such kind of settlement contract preclude the right of the parties to report the accident to the Police?
- Q2. If I have paid a sum of money to the other party in the agreement, and subsequently I reported the case to the police, and it turns out that it is the other party who has committed the offence of "careless driving". Can I ask for the money back?
- Hong Kong - Mainland China cross regional transport
- Road Users' Code
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