Drug Per Se Laws

Drug Per Se Laws PDF Author:
Publisher:
ISBN: 9781771783033
Category : Drugged driving
Languages : en
Pages : 0

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Book Description
The relative simplicity of per se laws, their widespread acceptance for dealing with alcohol-impaired driving and the demonstrated effectiveness of alcohol per se laws have bolstered the call for similar per se limits to be established for other drugs. [...] In 1951, amendments to the Criminal Code changed driving "under the influence" or "while intoxicated" to driving "while impaired" and the term "narcotic" was expanded to include "any drug."2 Despite the long history of laws on drugs and driving, in the absence of a procedure to systematically assess impairment and collect bodily fluid samples for analysis, it was difficult to gather sufficient and [...] What the Evidence Says A per se law is essentially a legal shortcut used to simplify the adjudication of offenders by eliminating the need to prove the driver's ability to operate a vehicle safely was impaired. [...] In the case of alcohol, without the burden of having to prove the accused was impaired by alcohol, the prosecution can focus on two elements: was the person driving and was his or her BAC in excess of 80 mg/dL. [...] Foremost, the 80 mg/dL limit for alcohol was derived from years of experimental and epidemiologic research demonstrating that this level of alcohol was associated with considerable impairment of many of the skills and abilities necessary for the safe operation of a motor vehicle.

Drug Per Se Laws

Drug Per Se Laws PDF Author:
Publisher:
ISBN: 9781771783033
Category : Drugged driving
Languages : en
Pages : 0

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Book Description
The relative simplicity of per se laws, their widespread acceptance for dealing with alcohol-impaired driving and the demonstrated effectiveness of alcohol per se laws have bolstered the call for similar per se limits to be established for other drugs. [...] In 1951, amendments to the Criminal Code changed driving "under the influence" or "while intoxicated" to driving "while impaired" and the term "narcotic" was expanded to include "any drug."2 Despite the long history of laws on drugs and driving, in the absence of a procedure to systematically assess impairment and collect bodily fluid samples for analysis, it was difficult to gather sufficient and [...] What the Evidence Says A per se law is essentially a legal shortcut used to simplify the adjudication of offenders by eliminating the need to prove the driver's ability to operate a vehicle safely was impaired. [...] In the case of alcohol, without the burden of having to prove the accused was impaired by alcohol, the prosecution can focus on two elements: was the person driving and was his or her BAC in excess of 80 mg/dL. [...] Foremost, the 80 mg/dL limit for alcohol was derived from years of experimental and epidemiologic research demonstrating that this level of alcohol was associated with considerable impairment of many of the skills and abilities necessary for the safe operation of a motor vehicle.

Alcohol, Drugs, and Impaired Driving

Alcohol, Drugs, and Impaired Driving PDF Author: A. Wayne Jones
Publisher: CRC Press
ISBN: 1000048640
Category : Medical
Languages : en
Pages : 564

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Book Description
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.

Alcohol, Drugs, and Impaired Driving

Alcohol, Drugs, and Impaired Driving PDF Author: A. Wayne Jones
Publisher: CRC Press
ISBN: 100004856X
Category : Medical
Languages : en
Pages : 721

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Book Description
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.

Ohio DUI / OVI Guide

Ohio DUI / OVI Guide PDF Author: Shawn Dominy
Publisher:
ISBN: 9781736873205
Category :
Languages : en
Pages : 49

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Book Description
Nobody anticipates being charged with DUI (called 'OVI' in Ohio). When it happens, people have a lot of questions. This guide is designed to answer those questions. If you have been charged with OVI in Ohio, the first thing you should do is educate yourself about OVI cases and OVI lawyers. This guide is a great way to do that.By reading this book, you will have the information you need before going to court. You will learn what the prosecution must prove for an OVI conviction and the possible defenses to OVI. You will also learn the consequences of an OVI conviction. You will become familiar with the evidence in OVI cases, and you will know what to expect in the court process.You will also receive the information you need before making decisions about your OVI case. This guide provides a framework to help you decide if you are going to fight the OVI and whether you want a lawyer. If you choose to hire a lawyer, this guide contains resources for researching lawyers, criteria to evaluate their qualifications, and questions to ask when you speak with them.With this valuable information, you will be equipped to make well-informed decisions about how to handle your OVI case.

President's Commission on Model State Drug Laws: Crimes code

President's Commission on Model State Drug Laws: Crimes code PDF Author: United States. President's Commission on Model State Drug Laws
Publisher:
ISBN:
Category : Drug abuse
Languages : en
Pages : 188

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Book Description


An Analysis of Marijuana Policy

An Analysis of Marijuana Policy PDF Author: National Research Council (U.S.). Committee on Substance Abuse and Habitual Behavior
Publisher: National Academies Press
ISBN:
Category : Drug abuse
Languages : en
Pages : 55

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Book Description
Defenders of marijuana use may seize on the ambiguity or absence of evidence for such damage and ignore any other effects on education or safety; those opposed to marijuana use may emphasize the possibility of chronic disease that is suggested by some laboratory findings and ignore the social, political, and economic costs of fighting a well-established custom. The Committee wishes to make clear what it regards as the limits of this report for the selection of policy alteratives. Scientific judgment can estimate the prevalence of different kinds of use, risks to health, economic costs, and the like under current policies and can try to project such estimates for new policies. It can come to some conclusions based on those estimates. But selection of an alternative is always a value-governed choice, which can ultimately be made only by the political process.

Drugs, Law and the State

Drugs, Law and the State PDF Author: Harold H. Traver
Publisher: Hong Kong University Press
ISBN: 9622093094
Category : Social Science
Languages : en
Pages : 206

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Book Description
This book contains nine essays written by distinguished scholars from North America. Europe, and Asia, and provides an in-depth examination of the socio-legal developments of drug control in different countries. Important rational approaches to the formulation of drug policy are discussed. A must-read for anyone interested in the highly topical, worldwide drug problem.

United States Code

United States Code PDF Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1508

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Book Description


President's Commission on Model State Drug Laws

President's Commission on Model State Drug Laws PDF Author: United States. President's Commission on Model State Drug Laws
Publisher:
ISBN:
Category : Drug abuse
Languages : en
Pages : 188

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Book Description


Drugs that Impair Driving

Drugs that Impair Driving PDF Author:
Publisher:
ISBN:
Category : Automobile drivers
Languages : en
Pages : 336

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Book Description