GENERAL LEGAL CONSIDERATIONS RELEVANT TO HIGHWAY SAFETY COUNTERMEASURE DEVELOPMENT AND IMPLEMENTATION

An analysis is made of the general constitutional, statutory, and judicially imposed limits on the power of government to make and enforce laws prohibiting unsafe driving behavior in general and to implement specific countermeasures. Essential principles of the American legal system--including the impact of constitutional provisions, elements of the criminal, civil, and administrative law system, and the methodology by which courts resolve legal disputes--were outlined. Specific legal principles addressed in this document include: the requirement of substantive and procedural due process of law; the guarantee of equal protection of the laws; the prohibition against unreasonable arrests, searches, and seizures; the privilege against compelled self-incrimination; and constitutional, statutory, and common-law privacy rights. The rights of probationers, and other persons convicted of or charged with traffic offenses, are also discussed.

  • Corporate Authors:

    Highway Safety Research Institute

    Huron Parkway and Baxter Road
    Ann Arbor, MI  USA  48109

    National Highway Traffic Safety Administration

    1200 New Jersey Avenue, SE
    Washington, DC  USA  20590
  • Authors:
    • Ruschmann, P A
    • Greyson, M
    • McNair, J W
    • JOSCELYN, K B
  • Publication Date: 1979-10

Media Info

  • Pagination: 264 p.

Subject/Index Terms

Filing Info

  • Accession Number: 00326264
  • Record Type: Publication
  • Source Agency: National Technical Information Service
  • Report/Paper Numbers: UM-HSRI-79-73 Final Rpt., HS-805 525
  • Contract Numbers: DOT-HS-7-01536
  • Files: HSL, NTIS, TRIS, USDOT
  • Created Date: Dec 11 1982 12:00AM