Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2016
Category : Drugged driving
ISBN : 1771783036
Drug Per Se Laws by Anonim Pdf
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.