Driving while intoxicated essays

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Driving while intoxicated essays

In the American criminal justice system there is a general principal that people should not be held criminally liable for acts which they did not commit voluntarily. Because mens rea is required in order for a person to be criminally liable, people have questioned whether punishing the actions of alcoholics is justifiable.

The author of this article asserts that Alcoholism is a disease which follows a predictable course in the body of those afflicted. Currently, intoxicated but morally blameless alcoholics are not afforded a legally recognized excuse for their behavior.

This the author claims is justified in light of the fact that innocent individuals are protected from those who would other wise commit crimes regardless of their moral blameworthiness.

The author points out several possible alternatives to the current system. First, allow alcoholism to be raised as an affirmative defense that must be established by the defendant. Social Policy For Saving Lives.

Yale University Press, It may come as no surprise that the reason drunken drivers get into automobile accidents that injure and kill people is because they consume alcohol immediately before operating their vehicle.

The social value placed on the consumption of alcohol in this country has a profound influence on the likelihood of people driving while under the influence of alcohol.

The legal system is not the only means of solving the problem of drunk driving. Possible solutions include increasing taxes on alcoholic beverages, making alcohol consumption more cost restrictive, and limiting the amount of alcohol sold nationally via pricing or manufacturing.

The material report suggests that the lower the BAC the lower the fatality rate in that jurisdiction. The AMA believes that a policy of "zero tolerance" would significantly decrease the occurrence of fatal crashes in jurisdictions that would adopt this policy.

In response to the report, the AMA adopted several resolutions intended to decrease the rate of alcohol related automobile accidents.

Of primary importance was the decision to support lower BAC levels, but not to Driving while intoxicated essays for immediate adoption of a Zero tolerance policy given the current lack of public or political support for such a measure. Rather than press for a zero tolerance policy, the AMA instead decided to focus on educating the physicians, public, and policy makers about the issue.

Besides this particular report, this web site contains several other resources valuable for research into the area of Drinking and driving as well as several other areas related to health care and medicine.

Highway Safety Act, 23U.

Driving while intoxicated essays

Under this act, states will be granted federal funding for implementation of highway traffic safety measures which are designed to reduce the incidence of alcohol related auto accidents. The Act outlines general spending procedures which are widely discretionary for the states.

Under the statute, States are also required to provide for mandatory suspension of operators license of any person committing an alcohol related offense for the first time.

In addition to mandatory license suspension for the first time offender, states are required to impose either one hundred hours of community service or a minimum prison sentence of no less than 48 consecutive hours.

This suspension procedure applies to those individuals who submit to either a blood alcohol test, breath test, and those individuals who refuse to submit to any test. Any individual convicted of a second offense within five years of the first conviction under this statute, shall receive not less than ten days in prison and license revocation for not less than one year.

The states are also required to establish a state wide record keeping system which will help to identify repeat offenders of this statute. States in order to receive funding must adopt a statewide minimum drinking age of not less than twenty-one years of age. For those persons who have already been identified as offenders, the state is to create rehabilitation facilities designed to help prior offenders and or to research methods of detecting drivers who have been drinking.

Allocation of Fault Between an Alcohol Vendor and a Patron-What Could Happen After Providing "One More for the Road", 17 American Journal of Trial Advocacy This Journal Article discusses the legal consequences and potential liability of a vendors to patrons and third parties injured by patrons who drive drunk after leaving the vendor's establishment.

According to the article, there are signs of a change in the common law view that injuries to patrons and third parties are the result of consumption of alcohol and not furnishing.

Kiku Restaurant in which three patrons of Kiku restaurant were served alcohol until the point of intoxication, the patrons then left the restaurant in plaintiff's car, in which they were later involved in an automobile accident.

This article is a good review of the comparative negligence theory used to find vendor liability, and makes a good argument that such a policy will help to limit alcohol consumption before people drive.

Driving while intoxicated essays

A company named Guardian Interlock has developed a technology which is installed in the vehicle of a person who has just been convicted of driving under the influence. According to Guardian Interlock their creation, the Ignition Interlock, requires the operator to blow into the unit in order for the car to be started, and once started the unit must be blown into every thirty minutes.

The unit acts as a portable breath alcohol test, and if at any time the unit sense alcohol on the persons breath, the unit will automatically disable the vehicle.

Besides being a preventative measure, the unit also stores the information that it gathers which is then downloaded for inspection by probation officers. Any violation detected by the unit can mean that the offender may be subject to greater punishment.

Probably the most appealing aspect of the unit for taxpayers is that the unit is paid for by the offender. In spite of this, a few communities have contemplated making the instillation of the unit mandatory for those persons who are convicted of a second drunk driving offense.

Putting a Cork on Social Host Liability: One method of combating the drunk driving problem has been to hold people other than the drunk driver responsible. The central issue of this article is, should social host have a legal duty imposed upon them to care for individuals who may visit their residence.

The author cites a New York case, D'Amico v.Driving Whilst Intoxicated | Free Criminal Law Essay. they irresponsibly and capriciously disregard human life by driving while intoxicated, knowing all along while sober, the deadly potential consequences.

We Write Bespoke Law Essays! Find Out More. LawTeacher > Free Law Essays > Criminal Law; [email protected]. Essays; Plea Bargaining; Plea Bargaining. Charge Bargaining and Sentence Bargaining Charge bargaining is a form of plea bargaining. the prosecuting attorney may offer the defendant a plea bargain of pleading guilty to the driving while intoxicated and dismissing the charge of driving with a suspended license.

driving while texting should be punished by law much more diligently than those found to be impaired by statute. impaired drivers by definition are choosing to operate a motor vehicle after having used a mind altering substance. Home Essays Driving While Intoxicated.

Driving While Intoxicated. Topics: Brain, Alcohol and Driving While Intoxicated Alcohol is a drug, a very popular drug. Alcohol has been around for a long time, and people have always enjoyed it's effects.

Many people have passions for alcohol, some people have refrigerators filled with beer, many. Drunk Driving is called DWI or DUI, “Driving While Intoxicated” or “Driving under the Influence”.

The crime of drunk driving is usually a misdemeanor, but depending on the number of prior drunk driving convictions someone may have, it can also be a felony.

Drinking and Driving Consequences and Effects : How to Avoid Disaster

Mar 03,  · Drunk Driving Essay Drinking and Driving - Words Drunk Driving Essays Drunk driving is very dangerous. Driving while intoxicated is hazardous to your health, and to the well-being of others. It can kill you, other innocent people, you can be locked up, and taken away from your loved ones, and it is illegal.

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