NCJ Number
62545
Date Published
1978
Length
90 pages
Annotation
A TECHNICAL ANALYSIS AND COMPARISON OF EXISTING CODES AND PROFESSIONAL STANDARDS RELATED TO THE PROCESSING OF DRINKING-DRIVING CASES THROUGH THE COURTS WERE CONDUCTED TO DETERMINE THEIR ADEQUACY AND APPROPRIATENESS.
Abstract
THIS REPORT IS THE SECOND PART OF A TWO-PART FINAL REPORT, PRODUCED UNDER A CONTRACT WITH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION BY THE JOINT EFFORTS OF THE FUND FOR PUBLIC EDUCATION OF THE AMERICAN BAR ASSOCIATION AND INDIANA UNIVERSITY'S INSTITUTE FOR RESEARCH IN PUBLIC SAFETY. PUBLISHED STANDARDS AND MODEL CODES WERE EXAMINED TO ASSESS THEIR APPLICABILITY (OR LACK THEREOF) TO DRINKING-DRIVING CASES. MAJOR APPELLATE COURT DECISIONS AND RESEARCH REPORTS WERE DISCUSSED WHEN RELEVANT. MEMBERS OF A 13-MAN STUDY TEAM, CONSISTING PRIMARILY OF REPRESENTATIVES OF STANDARDS-PRODUCING NATIONAL ORGANIZATIONS, INVITED SPEAKERS, AND RESEARCH REPORTS WERE CONSULTED IN ORDER TO COMPARE THE STANDARDS AND CODES UNDER INVESTIGATION WITH REAL-WORLD PROBLEMS AND NEEDS IN THE ADJUDICATION OF DRINKING-DRIVING CASES. THE ANALYSIS WAS ORGANIZED TO PARALLEL ROUGHLY THE CHRONOLOGICAL SEQUENCE OF STEPS TAKEN IN THE PROCESSING OF AN ALCOHOL-IMPAIRED DRIVING CASE, WITH EMPHASIS ON THOSE ACTIONS TAKEN EITHER BY THE COURT, OR AS A RESULT OF COURT AUTHORITY. IN EVERY AREA (FROM ARREST THROUGH DRIVER LICENSING AND INSURANCE ACTION) IT WAS FOUND THAT STANDARDS DID NOT FOCUS ON PARTICULAR CRIMES, ALTHOUGH RELEVANT CODES AND MODEL STATUTES OFFERED SUBSTANTIVE DEFINITION FOR SPECIFIC CRIMES, INCLUDING DRINKING-DRIVING OFFENSES. IT WAS, THEREFORE, CONCLUDED THAT EXISTING STANDARDS AND CODES DO NOT DEAL ADEQUATELY AND APPROPRIATELY WITH JUDICIAL PROCESSING OF DRINKING-DRIVING CASES, AND THAT THE SPECIAL ISSUES WHICH DIFFERENTIATE A DRINKING-DRIVING CASE ARE NOT ADDRESSED ANYWHERE. FOR RELATED DOCUMENT SEE NCJ 62544. (AUTHOR ABSTRACT MODIFIED--LGR)