Wednesday, January 4, 2012
Tina Cafaro (Western New England University School of Law) has posted Slipping Through the Cracks: Why Can't We Stop Drugged Driving? (Western New England Law Review, Vol. 32, p. 33, 2010) on SSRN. Here is the abstract:
Part I of this Article briefly explains the history of impaired driving laws, with respect to both alcohol and drugs. It then sets forth the various frameworks currently in place to establish that an individual is OUI drugs and evaluates the effectiveness of each standard. Part II discusses the impediments to detecting and prosecuting OUI drug cases. This section details the difficulties associated with the science behind drugged driving, including determining the effect a drug may have on an individual as well as the validity of tests used to determine if one has a drug in their system. Part II highlights the issues pertaining to laws that regulate OUI licit (prescription or over-the-counter) drugs. This section also discusses the impact that lack of funding and inadequate training for law enforcement officers and prosecutors has on combating this crime. Finally, Part III recognizes that targeting drugged driving is more complicated than fighting OUI alcohol and suggests what is needed to combat this problem.