The Law and Drunk Driving

1992 ◽  
Vol 26 (1) ◽  
pp. 219 ◽  
Author(s):  
H. Laurence Ross ◽  
Leonard Evans ◽  
James B. Jacobs ◽  
Jerome S. Legge Jr. ◽  
R. Jean Wilson ◽  
...  
Keyword(s):  
Drunk Driving ◽  
The Law

scholarly journals L’alcool au volant, c’est criminel depuis 1921 !

Criminologie ◽  
2005 ◽  
Vol 22 (1) ◽  
pp. 9-26
Author(s):  
Pierre Landreville ◽  
Chantal Lavergne
Keyword(s):  
Statistical Data ◽  
Reliability And Validity ◽  
Drunk Driving ◽  
Criminal Code ◽  
Driving Under The Influence ◽  
Impaired Driving ◽  
Canadian Criminal Code ◽  
The Law

Bill C-51 passed by the Canadian Parliament in 1985 and the publicity surrounding this legislation led many people to believe that a new crime regarding impaired driving had been created. This Bill, however, was to simply increase the penalty for drunk driving in the case of a first conviction. In fact, the penal solution to the “problem” of drunk driving is not new; in 1921 the offence of impaired driving was first introduced into the Code. This article examines the evolution of the prohibition of driving under the influence of alcohol in the Canadian Criminal Code and the enforcement of this law in Canada, in Quebec and in Ontario from 1921 to 1973. The first part presents the evolution of legislation concerning impaired driving. It goes through six important phases and covers the period from 1921 to 1973. The second part presents the statistical data used in our study. We also consider the reliability and validity of the data used. In the last part, we analyze the implementation of the law on infractions relating to drunk driving in a state of drunkeness indictable offence and summary conviction offence driving under the influence of alcohol or a drug (indictable offence and summary conviction offence), and finally, refusal to furnish a sample of breath (summary conviction offence). In conclusion, we present several recommendations based on the results of our analysis.

scholarly journals Alcoholic Beverage and Traffic Accidents: Impact of the Drunk-Driving Law in Severity and Mortality of Victims

2017 ◽  
Vol 6 (1) ◽  
pp. 17-24
Author(s):  
Lilia de S Nogueira ◽  
Cristiane de A Domingues ◽  
Ane KS Bonfim
Keyword(s):  
Risk Factors ◽  
Traffic Accidents ◽  
Injury Severity ◽  
Alcoholic Beverage ◽  
Drunk Driving ◽  
Body Regions ◽  
Significant Difference ◽  
Before And After ◽  
The Law ◽  
The Impact

ABSTRACT Objectives To analyze the impact of the Drunk-Driving Law on the characteristics and severity of traffic accident victims and to identify risk factors for mortality before and after law enforcement. Materials and methods A retrospective, quantitative study that analyzed victims of traffic accidents attended at a hospital in São Paulo, Brazil, between 2006 and 2010, through the analysis of medical records. The Drunk-Driving Law was considered the time frame of this research, and the victims were distributed in two groups: Before the law (January 2006 to June 2008) and after the law (July 2008 to December 2010). Pearson chi-square, Mann–Whitney, and multiple logistic regression tests were used, with a significance level of 5%. Results The sample consisted of 1,405 victims, the majority being males (78.01%), with a mean age of 37.39 years. In the group comparison (before and after the Drunk-Driving Law), there was a significant difference related to the external cause, admission to the ICU, and discharge conditions. Factors associated with prelaw mortality were age, number of injured body regions, and New Injury Severity Score. The length of hospital stay and the Revised Trauma Score were considered as protective factors for this outcome. After the validity of the law, in addition to the variables described earlier, the head/neck and abdomen regions most severely injured were added as risk factors for mortality. Conclusion The impact of the Drunk-Driving Law set a positive outcome in the survival of the victims. However, when it comes to the statistics and severity of the trauma, it is necessary to sustain the law with reinforcement of the inspection so that more lives are saved. Clinical significance The results of this study provide support to managers on the importance of sustaining the law and the need of implementing new trauma prevention strategies. How to cite this article Bonfim AKS, Nogueira LS, Domingues CA. Alcoholic Beverage and Traffic Accidents: Impact of the Drunk-Driving Law in Severity and Mortality of Victims. Panam J Trauma Crit Care Emerg Surg 2017;6(1):17-24.

Deterrence and knowledge of the law: The case of drunk driving

2001 ◽  
Vol 33 (7) ◽  
pp. 845-854 ◽  
Author(s):  
Donald S. Kenkel ◽  
Steven F. Koch
Keyword(s):  
Drunk Driving ◽  
The Law

The Law and Criminology of Drunk Driving

1988 ◽  
Vol 10 ◽  
pp. 171-229 ◽  
Author(s):  
James B. Jacobs
Keyword(s):  
Drunk Driving ◽  
The Law

Characteristics of Youths Arrested for Drunk Driving in Two Wisconsin Counties 1981–1984

1985 ◽  
Vol 57 (3_suppl) ◽  
pp. 1271-1276 ◽  
Author(s):  
Anne M. Gurnack ◽  
Daniel L. Werbie
Keyword(s):  
Young People ◽  
Traffic Safety ◽  
Drunk Driving ◽  
Blood Alcohol ◽  
Young Drivers ◽  
Lower Blood ◽  
The Law ◽  
Compliance With The Law ◽  
Alcohol Dependent

As young people constitute a disproportionate share of convicted intoxicated drivers, it is necessary to identify those factors related to age which can give some indication as to their potential for rehabilitation. In a study conducted in two Wisconsin counties (Racine and Kenosha), young drivers were less likely to be repeated offenders, less likely to be sent to treatment than the traffic safety alternative, less likely to be assessed as alcohol-dependent, more likely to be out of compliance with the law, and tended mote often to be arrested with lower blood alcohol concentrations (BAC).

scholarly journals Criminalization of drunk driving: problems of legislative practice

2021 ◽  
pp. 69-75
Author(s):  
K. Popov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Drunk Driving ◽  
Legal Regulation ◽  
Criminal Code ◽  
Parliamentary Committee ◽  
The Subject ◽  
Legislative Activity ◽  
External Consistency ◽  
The Law

The article highlights the Ukrainian experience of criminalization of drunk driving as a result of amendments to criminal and administrative legislation in 2018–2021. The importance of systematization and validity in making changes to administrative and criminal law is noted. Attention is drawn to the need for careful observance of the rules of legal technique in legislative activity, given that the use of administrative and criminal law is associated with the most significant restrictions on human rights and freedoms. It is noted that there are violations of the rules of legal technique, allowed in the relevant laws in terms of the provisions on criminalization and decriminalization of drunk driving: violations of the homogeneity of legal regulation (Law № 720-IX regulated an issue that was not the subject of its regulation); internal consistency (Law № 720-IX on amendments “in connection with the adoption of Law № 2617-VIII” amended the Law itself № 2617-VIII); external consistency (provisions of Law № 720-IX contradict the provisions of Article 2 of the Code of Administrative Offenses and Article 3 of the Criminal Code of Ukraine); linguistic (in paragraph 117 of the Law № 720-IX there is a morphological error); procedural (violated the requirements of Articles 90, 92 of the Regulations). Attention is drawn to the content of the conclusions and the legal significance of the explanations of the Parliamentary Committee on Law Enforcement, adopted on the criminalization of drunk driving. It is noted that the relevant committee violated the regulatory procedures and provisions of the legislation on parliamentary committees. The consequences of the relevant technical and legal violations (legislative uncertainty) are highlighted and ways to eliminate these problems are suggested.

Drunk Driving and the Alcoholic Offender: A New Approach to an Old Problem

1987 ◽  
Vol 12 (1) ◽  
pp. 99-130
Author(s):  
Eric J. Gouvin
Keyword(s):  
Legal System ◽  
Drinking Behavior ◽  
Drunk Driving ◽  
Rehabilitation Program ◽  
Problem Drinkers ◽  
New Approach ◽  
Alcohol Detoxification ◽  
The Law ◽  
Drunk Drivers ◽  
Health Laws

AbstractHealth laws in every state recognize alcoholism as a treatable disease. State drunk driving laws, however, inadequately provide for alcoholic drunk drivers. Studies show that problem drinkers make up as much as two-thirds of the DWI offender class. Alcoholic drunk drivers cannot fully conform their drinking behavior to the dictates of the law as long as their alcoholism remains untreated. This Note argues that the law should consistently treat alcoholism as a disease. This Note suggests that the most appropriate way for the legal system to deal with alcoholic DWI offenders is to suspend the offender's license until he can show that he has successfully completed an initial alcohol detoxification/rehabilitation program. In addition, because alcoholism requires lifelong treatment, alcoholic drivers should be required to present periodic documentation that their condition is under supervised treatment. Epileptic drivers are handled in a similar manner in most states.

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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