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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.
18% of all drivers killed in road accidents are over the drink-drive limit (In 2007, based on coroners' data.) but only approximately 3% of drivers in the UK are stopped and tested for alcohol compared to the European average of 16%.. This report calls for the police to be given an additional power to permit preliminary breath tests as part of any designated drink drive enforcement operation. Currently, the police may stop any vehicle but can only test the driver's breath if there is an element of suspicion. There is concern that a reduction in the blood alcohol concentration limit would send out mixed messages but that the aimed for effectively zero limit is too great a step at present. Instead, concentration should be on stricter enforcement of the current limit and public education. It is felt that the success of Great Britain's drink driving policy to date is largely attributable to the deterrent effect of the current 12-month mandatory disqualification penalty and the Committee supports retaining that penalty. The committee also calls for the improvement of the detection of drug driving and to strengthen public perception about the likelihood of drug drivers being caught by the police. The Government's commitment to install drug screening devices in every police station by 2012 is welcomed though this interim measure should not eclipse the Government's aim over the medium-term to develop and type-approve a drug screening device for use at the roadside, drawing on relevant experience of doing this in the other parts of the world
Many thousands of people are prosecuted each year for drink and drug driving offences. The legislation favours the prosecution in a number of ways, for example, by requiring those under investigation to give evidence against themselves in the form of specimens of breath, blood or urine, but also affords certain safeguards to suspects. The conviction rate is exceptionally high, and the provisions have given rise to a wealth of case law.Drink and Drug Drive Case Notes comprises summaries of the many cases on drink driving, and the fewercases on drug driving, which have come before the High Court, the Court of Appeal, the House of Lords and, in one instance, the Supreme Court. Over six hundred judgments are summarised. Each note is presented as a short statement of the facts of the case, the question(s) put to the appeal court and an extract from the judgment. The notes are intended to provide a broad outline of the trends in the case law and as starting points for readers seeking guidance on particular issues.This third edition includes notes of some seventy-five cases decided since the second edition was published. Themes running through the new cases include the interpretation of the provisions on reasonable cause to believe that the breath analysis device has not produced a reliable indication of the suspect's breath alcohol level, and on the application of the Criminal Procedure Rules to proceedings for drink and drug driving. At the time of publication, the so-called "statutory option" has just been removed, and section 5A of the Road Traffic Act 1988, creating new offences of driving, attempting to drive, and in charge, with a concentration of a specified controlled drug above a specified limit, has come into force. The offences are framed in much the same terms of the excess alcohol offences, but testing will be by the analysis of blood or urine only. While much of the case law concerning drink-driving will be relevant, the new provisions will no doubt give rise to their own body of case law in due time.Drink and Drug Drive Case Notes was first published, as Drink Drive Case Notes, as a product of collaboration between Lion Laboratories - the manufacturers of much of the breath-testing equipment used in the UK and throughout the world - and the author. This expanded and updated edition of Drink and Drug Drive Case Notes will prove a useful reference for police, prosecutors, defenders and legal advisers."As a reference guide, this is an extremely helpful addition to a legal adviser's kitbag." The Justices' Clerk, of the first edition"[A]n extremely useful complement to any standard text book on drink driving matters. I would commend it not only to defence lawyers but also to those who prosecute in this area of law."Solicitors Journal, of the second edition
Drink Drive Case Notes comprises summaries of the drink drive cases which have come before the High Court, the Court of Appeal and the House of Lords over the past twenty years. Nearly 600 cases are summarised, almost one third of which are not otherwise reported. Each note is presented as a short statement of the facts of the case, the question(s) put to the appellate court, and an extract from the judgement. The notes are intended to provide starting points for those seeking guidance on particular aspects of this dense and complex area of law.
Alcohol use by young people is extremely dangerous - both to themselves and society at large. Underage alcohol use is associated with traffic fatalities, violence, unsafe sex, suicide, educational failure, and other problem behaviors that diminish the prospects of future success, as well as health risks â€" and the earlier teens start drinking, the greater the danger. Despite these serious concerns, the media continues to make drinking look attractive to youth, and it remains possible and even easy for teenagers to get access to alcohol. Why is this dangerous behavior so pervasive? What can be done to prevent it? What will work and who is responsible for making sure it happens? Reducing Underage Drinking addresses these questions and proposes a new way to combat underage alcohol use. It explores the ways in which may different individuals and groups contribute to the problem and how they can be enlisted to prevent it. Reducing Underage Drinking will serve as both a game plan and a call to arms for anyone with an investment in youth health and safety.
Introduction : what's the harm? -- The discovery of drunk driving -- Science and government enter the fray -- The MADD mothers take charge -- The movement matures and splinters -- Lamb, lightner, and libertarians : a backlash -- Conclusion: more (and more) stories.
In 2012, voters in Colorado shocked the political establishment by making the use of marijuana legal for anyone in the state twenty-one years of age or older. In the wake of that unprecedented victory, nationally recognized marijuana-policy experts Steve Fox, Paul Armentano, and Mason Tvert revisit the "Marijuana Is Safer" message that contributed to the campaign’s success--as the first edition of this book predicted it would in 2009. In this updated and expanded edition, the authors include a new chapter on the victory in Colorado and updates on a growing mountain of research that supports their position. Through an objective examination of marijuana and alcohol, and the laws and social practices that steer people toward the latter, the authors pose a simple yet rarely considered question: Why do we punish adults who make the rational, safer choice to use marijuana instead of alcohol? For those unfamiliar with marijuana, Marijuana Is Safer provides an introduction to the cannabis plant and its effects on the user, and debunks some of the government's most frequently cited marijuana myths. More importantly, for the millions of Americans who want to advance the cause of marijuana policy reform--or simply want to defend their own personal, safer choice--this book provides the talking points and detailed information needed to make persuasive arguments to friends, family, coworkers, elected officials and, of course, future voters.
"Providing step-by-step instruction in defense of a drunk driving case in California, California Drunk Driving Defense outlines what to anticipate and how to prepare for DUI/DWI pretrial and trial proceedings. The authors provide information on sentencing, license suspension, and revocation, as well as strategy guidance regarding: Field evidence and the arresting officer; What to expect and how to prepare for pretrial and trial proceedings; Methods to challenge the Intoxilyzer, Intoximeter, and blood and urine analyses; Tasks for cross-examination of the chemical expert and the arresting officer; Professional responsibility issues; Civilian witnesses; Substantive offenses; Giving compelling jury instructions; Suppression of evidence, and Successfully attacking prior convictions" -- http://legalsolutions.thomsonreuters.com/law-products/Treatises/California-Drunk-Driving-Defense-5th/p/104310653