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Paper Title:
Alcohol and Drug Impaired
Driver Law - Conflict with Traditional Criminal Law Principles
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Authors:
Martin C. Boorman
Abstract:
Alcohol and drug impaired
driving law has been a part of the criminal law process in Australia
for more than ninety years. Legislators have constantly enacted
laws for the detection and prosecution of alcohol and drug affected
drivers to protect society. In the early days the law consisted
of few words and relied heavily on traditional common law principals
for its administration. As time progressed, the legislators enacted
more and more laws that override the traditional common law approach
to give effect to their intention. Common law principles continue
to be applied even though the new laws are designed to override
such principles. The result is a conflict between traditional criminal
law principles and modern social law principles. How can this conflict
be resolved?
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