NCJ Number
13481
Journal
Southern California Law Review Volume: 46 Issue: 3 Dated: (JUNE 1973) Pages: 713-753
Date Published
1973
Length
41 pages
Annotation
A REVIEW OF POSSIBLE LEGAL CONSEQUENCES TO AN ADDICT WHO HAS ACHIEVED A STABILIZED METHADONE MAINTENANCE DOSAGE AND SOME RECOMMENDED STATUTORY CHANGES TO AMELIORATE HIS INCREASED EXPOSURE TO LIABILITY.
Abstract
A REVIEW OF AVAILABLE RESEARCH INDICATES THAT THE STABILIZED METHADONE MAINTENANCE ADDICT IS NOT SUBJECT TO THE DEBILITATING EFFECTS WHICH CAUSE LOSS OF CONTROL IN HEROIN OR ALCOHOL INTOXICATION. NONETHELESS, A JUDGE CAN TREAT METHADONE LIKE ANY OTHER NARCOTIC AND THE METHADONE MAINTAINED PATIENT AS ANY OTHER ADDICT. THE COURT WILL ADMIT THE EVIDENCE AS PROBATIVE OF A METHADONE PATIENT'S ALLEGED NEGLIGENT CONDUCT AND, WITH THE OTHER EVIDENCE, SUBMIT THE MATTER TO THE JURY. THE COURT, IF REQUESTED, WILL ALSO INSTRUCT THE JURY TO CONSIDER THE ADDICTION FOR IMPEACHMENT PURPOSES, ON THE THEORY THAT HIS CAPACITY TO OBSERVE AND REMEMBER THE INCIDENT WAS DIMINISHED BY THE EFFECTS OF THE NARCOTIC. IF THE JURISDICTION HAS A STATUTE MAKING IT A CRIMINAL OFFENSE TO DRIVE WHILE UNDER THE INFLUENCE OF NARCOTICS OR WHILE INTOXICATED, THE COURT MIGHT INSTRUCT THE JURY THAT THE VIOLATION OF THE STATUTE IS EVIDENCE OF NEGLIGENCE, OR GIVES RISE TO A PRESUMPTION OF NEGLIGENCE, OR IS NEGLIGENCE PER SE. THE COURT MIGHT ALSO PERMIT THE JURY TO ASSESS PUNITIVE DAMAGES BECAUSE DRIVING WHILE UNDER THE INFLUENCE CAN BE CONSIDERED RECKLESS OR WANTON CONDUCT. IN ADDITION, THERE ARE A NUMBER OF OTHER POSSIBLE CONSEQUENCES. FOR INSTANCE, THE COURT MAY TURN THE EVIDENCE OVER TO THE DISTRICT ATTORNEY FOR PROSECUTION UNDER THE DRIVING-WHILE-UNDER-THE-INFLUENCE STATUTE. IF THE PROSECUTION IS SUCCESSFUL, HIS DRIVER'S LICENSE MAY BE SUSPENDED OR REVOKED. SIMILAR, IF HE HAD BORROWED SOMEONE'S CAR OR HAD BEEN DRIVING A VEHICLE BELONGING TO HIS EMPLOYER, THE OWNER COULD BE LIABLE UNDER THE CIVIL AND CRIMINAL LAWS FOR ALLOWING A KNOWN DRUG ADDICT TO DRIVE HIS CAR. FURTHER, IF THE JURISDICTION HAS NO-FAULT AUTO INSURANCE, HE MIGHT BE EXCLUDED FROM COVERAGE AND BE LEFT WITHOUT COMPENSATION OF ANY KIND. ALSO, HIS CAR INSURANCE COMPANY COULD IMMEDIATELY CANCEL HIS POLICY. LASTLY, IF ANY RIDERS IN HIS CAR WERE INJURED AND THERE IS A GUEST STATUTE IN THE JURISDICTION, AN ADDICT COULD BE PREVENTED FROM INVOKING THE STATUTE'S DEFENSES AGAINST THE GUESTS. (AUTHOR ABSTRACT)