NCJ Number
108060
Journal
North Dakota Law Review Volume: 59 Issue: 3 Dated: (1983) Pages: 391-411
Date Published
1983
Length
21 pages
Annotation
The article proposes that civil remedial procedures be imposed upon certain classes of drinking drivers. The civil penalties would be imposed upon chronic alcoholics and young drivers under 24 years of age.
Abstract
The current criminal process is ineffectual in preventing those who drink from driving. The proposed civil procedures would supplement and not replace the criminal process. The civil remedies emphasize control over the alcoholics' inability to control their consumption and their access to vehicles, as well as the duty of the parent-guardian to control young drivers' access to vehicles. The first procedure is a civil forfeiture proceeding to confiscate vehicles driven by drunken drivers. If the drivers are alcoholic, their vehicles would be taken away from them by the State to prevent them from injuring themselves and others. Parents and guardians who allowed drinking minors to drive would also suffer the loss of their vehicles. The second procedure would impose a civil penalty on drinking drivers or the owners who entrust their vehicles to drinking drivers. The third procedure would require, as a condition to obtaining a license to drive, that every driver post a bond. The bond could contain the condition that owners guarantee that neither they nor individuals to whom they entrust their vehicles would use the highways when alcohol impaired their ability to drive. Violation of the condition would result in forfeiture of their vehicles. 142 footnotes.