Sunday, January 2, 2011

DWI In Texas | Texas DWI Penalties and Laws | Drink Driving Penalties

In New York, New Jersey, North Carolina and Texas the laws covering drunk driving are called DWI laws.

Driving while intoxicated (DWI) in Texas also covers driving while under the influence of other drugs and you are considered to be intoxicated in Texas when your BAC (blood alcohol concentration) level is .08% or higher.(See drink driving penalties for definitions)

The minimum jail time for dwi in Texas is 72 hours but this is increased to at least 6 days if the driver is in possession of an open container of alcohol. The driver will also lose his/her licence for a period ranging from 90 days to 1 year for a first offense.

Even if the driver is not subsequently convicted of the dwi offense in Tx there is an administrative revocation of his licence if there is a positive indication of alcohol from a breath or blood test. The administrative revocaton of the licence occurs when a police officer has probable cause to arrest a driver for suspicion of dwi. If the driver’s bac is greater than .08% or refuses to submit to a breath or blood test he is served with the Notice of Suspension and confiscates his driving licence.

Regulation of estate agents

A new body has been set up to regulate estate agents. This body has the goal of enforcing standards of service.

This body should have another role, that is, to ensure that consumers are paying a fair fee for property transactions and that the fees charged by the agencies are advertised. This will allow consumers to get access to the efficent agencies that charge lower fees.

The fees for making property transactions are too high in Singapore. An estate agent can make one transaction a month and earn more than a regular job. This is why this industry attracts so many people, including professionals trained in other fields, to handle the property transactions. It is a waste of resources for the economy.

Some people pointed out that fees are higher in other countries. But, unlike Singapore, these countries are big and have properties located in sparsely populated areas. .

Singapore does not need so many property agents, especially those who are qualified in other fields. The first step to stop this wasteful use of resources and to bring the cost down, is to regulate the fee for property transactions (especially for sale and rental of HDB flats) to half of the current level, or to make it easy for the consumers to handle these transactions directly without going through an agent.

Tan Kin Lian

Advertisement on cataract surgery

A medical center advertised their service on cataract surgery. I looked for the price of the surgery but it was not listed. This is the most important information for the consumers, but is not disclosed.

In the past, there is a ban against advertisements by medical practitioners. This ban has now been removed in the interest of promoting a "free market". What is the point of allowing advertising when the most essential information is not provided? This will encourage unnecessary consumption by consumers, without the benefit of market competition on prices. Consumers seemed to be getting the worst of the situation.

Tan Kin Lian

Regulation of TCM specialists

The papers reported that the Ministry of Health is now investigating TCM (traditional Chinese medicine) practitioners for operating as "TCM specialists" without a licence. Well done to MOH.

I am glad that MOH did not take the stand that this matter can be sorted out by the free market, that the public should be "educated" to decide on TCM  and that the public should "open their eyes" before they buy TCM from the so-called specialists.

It is right that MOH take the responsibility to regulate the practitioners and make sure that they are operating ethically in the interest of the public. I hope that MAS will also adopt a similar approach on financial products, especially those that are toxic and harmful.

Tan Kin Lian

Bank transfer by standing order

The Straits Times Forum published a letter from Stuart King about the time taken by the bank to make a transfer from one bank to another in Singapore. He asked why does it have to take three days, when banks are not connected electronically and can make the transfer instantaneously.

This is just another example where the "free market" does not work. MAS has to come in and tell the banks to improve their service to the public!

Damage caused by the GRC system

A friend who migrated and became a citizen 20 years ago made this observation. In the past, the MPs in Singapore were responsive to the needs and views of the people. They had to serve the people well to get re-elected.

Their changed gradually under the GRC system. They did not have to have to bother with the people and only need to please one or two persons at the top. The situation has got to be quite bad over the years.

As my friend was brought up in a different environment, he was able to see a different perspective from a local citizen. The local people tend to overlook the gradual change in environment, like the frog which was boiled in hot water.

The frog was put into a pot of cold water and felt comfortable. The water was gradually heated up. The frog adjusted to the increasing temperature of the water and did not realize the danger until the frog was finally boiled alive.

If the people of Singapore does not want to face the fate of the boiled frog, they have to get rid of the GRC system and elect MPs who are accountable to the people. The first step is to vote against the ruling party in the GRCs in the next general election so that the leaders realize the harm that is caused by this kind of bad system.

Tan Kin Lian

High cost of doing business

I experienced the high cost of doing business in Singapore. I had to pay a professional fee of $3,500 for an engineer to certify that the renovation to my premises is safe. I saw the drawing done by the engineer. It is similar to the drawing that done by me to ask for quotation. A fee of $500 would be more than adequate.

My staff faced a lot of trouble in applying for a work permit through the online process of the Ministry of Manpower. Each application took more than 10 hours of my staff's time to go through the many stages of the complicated process. Many telephone calls have to be made to seek clarification to go though the computer system.

The application for utility supply to the premises also took many hours. The process is complicated. Many telephone calls have to be made to the utilities company and the building developer to get information for the application. Many telephone calls are not answered.

The time spent by my staff has to be reflected in my cost of doing business. My staff do not work for free.

Each government agency and privatized company, operating under a near monopoly, can impose its costly requirements in time and money on the public, but the government leaders must realize that they add to the cost of doing business, which has to be covered by higher prices to be paid by the citizens.

The situation has become very bad in recent years, and is exacerbated by the high property prices, also an outcome of government policies, which adds to the cost of doing business and the cost of living. Matters have really got out of hand.

Tan Kin Lian

ERP fine

My car pass a ERP gantry point with the ERP card not properly inserted. I discovered it immediately and called to inform LTA. They said, "wait for the notice".

The ERP notice came one week later. The ERP fee was $1 and the fine was $10. I wonder why the LTA refused to collect the $1 from me, when I found the mistake. They wanted to impose the fine of $10 for the oversight. This is inconsiderate. They government wants to make a profit from an honest mistake!

I am aware that the LTA did have some administrative work to print and mail the notice. But this is work that they create for themselves under their system. If they have a friendlier system, they could have taken my report and notify the computer that the matter was settled. But, the LTA preferred to follow their own procedure, for their own convenience, and impost a cost on the citizens.

I hope that our government leaders and civil servants realize that they have to treat the people fairly and not impose a burden on them.

Tan Kin Lian

Fidrec and fairness of its process

An slightly edited version of this letter was published in the Straits Times Forum, 1 January 2011 

I refer to the letter entitled “Fidrec adjudicators’ decision not binding on complainant” by Ms. Eileen Pek, head of Banking & Capital Markets of this center.
Fidrec was established as an alternative avenue for consumers to resolve their disputes with the financial institutions, instead of using the expensive route of taking legal action in court.
It is important for Fidrec to be seen by consumers as being impartial and fair in its decisions. In his letter of 8 December, Larry Haverkamp had pointed out several aspects of the process which were unfair to consumers. These issues were not adequately addressed in Ms. Pek reply. The main justification of her reply seemed to be that the adjudicator’s decisions are not binding on the complainant.
Ms. Pek said that if the complainant is not happy with the decision, the complaint is free to continue with legal action. Mr. Haverkamp had pointed out that the consumer would have been placed in a weaker position after the Fidrec process, as they would have given valuable information for the financial institution to mount its defence in court.
Many consumers, who have gone through the Fidrec process to resolve their complaints of mis-selling of the structured financial products, had told me that the process was unfair, disappointing and biased against them.
It is important that Fidrec built up trust among consumers of its role as an alternative dispute resolution center. I suggest that Fidrec or the Monetary Authority of Singapore should arrange an independent organisation to carry out a survey among consumers who have gone through their process to find out if they felt that their cases have been fairly dealt with through the Fidrec process.
Tan Kin Lian

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