An Examination of Tort Liability Issues Connected with Release of Arrested, Intoxicated DWI Offenders
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1977-06-01
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Alternative Title:An examination of tort liability issues connected with release of arrested, intoxicated driving while intoxicated offenders
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Edition:Final report
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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/
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