| Title | An Examination of Tort Liability Issues Connected with Release of Arrested, Intoxicated DWI Offenders |
|---|---|
| Record ID | 25444 |
| Personal Name Creator |
Little, Joseph W.; Cooper, Mike |
| Source | 85 p. in various pagings |
| Corporate Creator | National Safety Council |
| Corporate Contributor |
United States. National Highway Traffic Safety Administration. Office of Driver and Pedestrian Safety |
| Publisher | United States. National Highway Traffic Safety Administration |
| Publication Date | 19770600 |
| Language | English |
| Abstract | The authors have studied the legal issues concerning a non-jail option for DWI offenders and they explore the risks such procedures have for enforcement agencies. The report examines the tort liability of such agencies if a released offender crashes an automobile and injures himself or another, while still intoxicated from the original drinking episode. The report is divided into four parts: (1) Analysis of elements of a tort cause of action, (2) Analysis of reported cases directly on point, (3) Analysis of cases arising out of traditional enforcement procedure and, (4) Discussion of issues and findings. A survey of local jurisdictions is described and extensive case citations are given. Samples of illustrative state statutes are appended. /Abstract from report summary page/ |
| Rosap ID | dot:1177 |
| Rosap URL | https://rosap.ntl.bts.gov/view/dot/1177 |
| TRT Terms | Drunk drivers; Tort liability; Legal factors |
| General Subjects | DWI enforcement |
| Classification | NTL - LAWS AND REGULATIONS - LAWS AND REGULATIONS; NTL - SAFETY AND SECURITY - Human Factors |
| Geographical Coverage |
United States |
| TRIS Online Accession No |
159309 |
| Contract Number | DOT-HS-4-00965 |
| Report Number | DOT-HS-802-409; NTIS-PB268030 |
| Availability | NHTSA - Behavioral Safety Research |
| Resource type | Research Paper |
| URL | https://ntlrepository.blob.core.windows.net/lib/25000/25400/25444/DOT-HS-802-409.pdf |
| Format | |
| Database | NTL Digital Repository |