An Examination of Tort Liability Issues Connected with Release of Arrested, Intoxicated DWI Offenders

Details

• Alternative Title:
  An examination of tort liability issues connected with release of arrested, intoxicated driving while intoxicated offenders
• Creators:
  Little, Joseph W. ; Cooper, Mike
• Corporate Creators:
  National Safety Council
• Corporate Contributors:
  United States. National Highway Traffic Safety Administration. Office of Driver and Pedestrian Safety
• Subject/TRT Terms:
  • Drunk drivers
  • Tort liability
  • Legal factors
• Publication/ Report Number:
  DOT-HS-802-409 ; NTIS-PB268030
• DOI:
  https://doi.org/10.21949/1524956
• Resource Type:
  Research Paper
• Geographical Coverage:
  United States
• Edition:
  Final report
• Corporate Publisher:
  United States. National Highway Traffic Safety Administration
• 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/
• Format:
  PDF
• Funding:
  DOT-HS-4-00965
• Download URL:
  https://rosap.ntl.bts.gov/view/dot/1177/dot_1177_DS1.pdf
• File Type:
  [PDF - 3.82 MB]
• Collection(s):
  NHTSA - Behavioral Safety Research
• Main Document Checksum:
  urn:sha256:5bf61838f05f33fc2502f2b061d5779e4136872cf1e6b804c52770ebdc02b9f1