@article{ref1,
title="Enforcing impaired driving laws against hospitalized drivers: the intersection of healthcare, patient confidentiality, and law enforcement",
journal="Windsor review of legal and social issues",
year="2010",
author="Solomon, Robert and Chamberlain, Erika",
volume="29",
number="2",
pages="45-87",
abstract="Many impaired drivers who are taken to hospital following a crash escape conviction under the Criminal Code. This is due, in large part, to the legal and practical difficulties of gathering evidence of blood-alcohol concentration in the hospital setting. This article examines the Criminal Code's existing blood sample provisions and their interpretation by the courts. The law, as it currently stands, creates an unworkable situation for both law enforcement and hospital personnel. The courts have imposed stringent and narrow requirements for the demand and seizure of blood samples, without adequately accounting for the equally stringent requirements of patient confidentiality. The result is that many impaired drivers are never appropriately sanctioned. Using models of blood sample provisions from comparable democracies, this article proposes a solution where the rights and obligations of all parties are more clearly defined, scarce resources are used more effectively, and credible evidence is preserved in a greater number of cases.<p /> <p>Language: en</p>",
language="en",
issn="0838-3596",
doi="",
url="http://dx.doi.org/"
}