The Law of Impaired Driving

The Law of Impaired Driving
Author: Shea Riggsbee Denning
Publisher:
Total Pages: 311
Release: 2014
Genre: Law
ISBN: 9781560117575

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This book describes the laws and procedures governing the criminal prosecution of impaired driving and other implied consent offenses. Of interest to district and superior court judges; prosecutors; and defense attorneys, it provides detailed coverage of the sentencing provisions for misdemeanor impaired driving and related offenses, which are sentenced outside of North Carolina's structured sentencing statutes. The book also describes the collateral licensure and vehicle forfeiture consequences arising from criminal charges of impaired driving and other implied consent offenses. Other features include: -a detailed discussion of license revocations resulting from charges of impaired driving and related offenses, -eligibility requirements for limited driving provisions, and -the requirements for having one's license restored following a conviction for impaired driving. The information is current through legislation enacted during the 2014 session of the North Carolina General Assembly. This edition replaces the 1999 book entitled Motor Vehicle Law and the Law of Impaired Driving in North Carolina, by Ben F. Loeb, Jr., and James C. Drennan. A free PDF download of the table of contents is available (https: //www.sog.unc.edu/publications/books/law-impaired-driving-and-related-implied-consent-offenses-north-carolina /details).

Criminal Liability for Serious Traffic Offences

Criminal Liability for Serious Traffic Offences
Author: Alwin van Dijk
Publisher: Eleven International Publishing
Total Pages: 241
Release: 2017-12-17
Genre: Law
ISBN: 9462364664

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The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]

Impaired Driving and Other Criminal Code Driving Offences

Impaired Driving and Other Criminal Code Driving Offences
Author: Karen Jokinen
Publisher:
Total Pages: 0
Release: 2023
Genre: Drugged driving
ISBN: 9781774623701

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"Drug and alcohol use while driving is one of the most common serious criminal charges in Canada. Our second edition covers all updates to the case law since the new legislation was passed and adds two new chapters focused on Charter issues. Exploring actual and potential arguments on both sides, these new chapters will focus on the sections of the Charter that are most often used to challenge provisions of the new legislation (10(b) and 24(2))."--

Driving Offences

Driving Offences
Author: Sally Cunningham
Publisher: Routledge
Total Pages: 271
Release: 2017-03-02
Genre: Law
ISBN: 1351942794

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This volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.

Smashed

Smashed
Author:
Publisher:
Total Pages: 32
Release: 2009
Genre: Drinking and traffic accidents
ISBN:

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Alcohol, Drugs, and Impaired Driving

Alcohol, Drugs, and Impaired Driving
Author: A. Wayne Jones
Publisher: CRC Press
Total Pages: 721
Release: 2020-06-15
Genre: Medical
ISBN: 100004856X

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Alcohol, Drugs, and Impaired Driving addresses many theoretical and practical issues related to the role played by alcohol and other psychoactive drugs on driving performance, road-traffic safety, and public health. Several key forensic issues are involved in the enforcement of laws regulating driving under the influence of alcohol and/or other drugs, including analytical toxicology, pharmacology of drug action, as well as the relationships between dose taken, concentration levels in the body, and impairment of performance and behavior. Our knowledge of drunken driving is much more comprehensive than drugged driving, so a large part of this book is devoted to alcohol impairment, as well as impairment caused by use of drugs other than alcohol. For convenience, the book is divided into four main sections. The first section gives some historical background about measuring alcohol in blood and breath as evidence for the prosecution of traffic offenders. The important role of the Breathalyzer instrument in traffic-law enforcement, especially in Australia, Canada, and the USA is presented along with a biographical sketch of its inventor (Professor Robert F. Borkenstein of Indiana University) with focus on the man, his work and his impact. The second section discusses several issues related to forensic blood and breath-alcohol alcohol analysis as evidence for prosecution of traffic offenders. This includes how the results should be interpreted in relation to impairment and an evaluation of common defense challenges. Because most countries have adopted concentration per se laws, the main thrust of the prosecution case is the suspect’s measured blood- or breath-alcohol concentration. This legal framework necessitates that the analytical methods used are "fit for purpose" and are subjected to rigorous quality assurance procedures. The third section gives a broad overview of the current state of knowledge about driving under the influence of non-alcohol drugs in various countries. This includes adoption of zero-tolerance laws, concentration per se statutes, and clinical evidence of driver impairment based on field sobriety tests and drug recognition expert evidence. The fourth section deals with epidemiology, enforcement, and countermeasures aimed at reducing the threat of drunken and drugged driving. All articles have appeared previously in the international journal Forensic Science Review, but all are completely updated with current data, references, and the latest research on developments since the articles were published. This book contains a convenient collection of the best articles covering recommendations for blood and breath testing methods, public policy relating to such methods, and forensic and legal implications of the enforcement of measures to counter driving under the influence.