An investigation of judicial behaviors regarding the driving and drinking problem

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1985

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Virginia Polytechnic Institute and State University

Abstract

The problem of driving and drinking has been examined in terms of prevention, enforcement, punishment, and education. From the sale of alcoholic beverages, it remains apparent that people will continue to drink and problems associated with that behavior will persist.

The purpose of this study was to investigate how the judges in Montgomery County, Virginia, treated defendants brought to court for driving while under the influence of alcohol or driving on a license suspended due to alcohol abuse from July, 1982 through September, 1983.

An analysis of the role played by the Montgomery County, Virginia, judges in the driving and drinking problem has shown that there were significant differences in the (number of continuations allowed, the type of verdict granted, and the form of punishment given. Defendants arrested for driving while under the influence of alcohol were much more likely to receive a guilty verdict (81%) than were people arrested for driving on a license suspended due to alcohol abuse (34%).

These same judges were consistent in their treatment of male and female defendants in all areas except punishment where it was found that no females went to jail. Personal interviews with the judges substantiated the statistical results, but of even more significance was the accent placed on educating both the public, beginning in elementary school, and the drunk driver. Many recommendations for further research and further action were presented.

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