Thursday, June 30, 2022
DUI News
  • Home
  • DUI Checkpoint
  • DUI Celebrity
  • DUI Arrests
  • DWI Arrests
  • DUI Laws
  • DWI Laws
  • DUI Court
  • Safe Driving
  • DWI Record Search
No Result
View All Result
  • Home
  • DUI Checkpoint
  • DUI Celebrity
  • DUI Arrests
  • DWI Arrests
  • DUI Laws
  • DWI Laws
  • DUI Court
  • Safe Driving
  • DWI Record Search
No Result
View All Result
DUI News
No Result
View All Result
Home DWI Laws

New Mexico is 2nd state to make gas stations liable for DWI | Business

mark lewis by mark lewis
July 20, 2021
in DWI Laws
0
New Mexico’s Cannabis Regulation Act includes no specifics on DWI threshold | Local News
0
SHARES
9
VIEWS
Share on FacebookShare on Twitter


Fuel stations have a authorized obligation to not promote gas to drivers who’re believed to be intoxicated, the New Mexico Supreme Court docket stated Monday in a call that would have far-reaching results on companies and that just one different state applies so strictly.

The divided court docket outlined a precedent-setting ruling that raises the implication that not solely gasoline retailers however different forms of companies — from auto elements shops and tire retailers to mechanics — could possibly be on the hook for making certain they do not promote merchandise to individuals who then drive drunk.

The choice notes just one different state — Tennessee — applies the legislation in such a approach to create a “obligation of care” for companies to chorus from supplying gas to drunken drivers due to the danger of driving whereas intoxicated.

The ruling got here in response to a request from a federal appeals court docket to resolve a query of state legislation regarding the potential legal responsibility of a retailer that bought gasoline to an intoxicated driver in 2011. After refueling and returning to the freeway, that driver crossed the middle line and crashed into an oncoming car, killing an individual.

Underneath the authorized doctrine of negligent entrustment, the house owners of probably harmful items have a duty to provide these items solely to somebody competent to securely use them. New Mexico courts have acknowledged in previous choices that the proprietor of a car who entrusts an intoxicated individual to drive it could be chargeable for accidents brought on by the drunken driving.

Whereas New Mexico has no legislation that might prohibit the sale of gasoline to intoxicated drivers, the court docket’s majority wrote {that a} obligation to not promote gasoline to somebody who’s drunk is in line with legal responsibility for giving that individual alcohol or a car.

“Gasoline is required to function most autos right now. Offering gasoline to an intoxicated driver is like offering automobile keys to an intoxicated driver,” the bulk wrote.

The court docket reviewed previous authorized precedents, statutes and different rules of legislation in reaching its resolution. The bulk famous the New Mexico Legislature this yr prohibited the sale of arduous liquor at comfort retailer fuel stations in a single county. State legislation additionally holds companies and others chargeable for promoting or serving alcohol to intoxicated individuals.

In her dissenting opinion, now-retired Justice Barbara Vigil wrote that promoting or serving alcohol is regulated and that legal guidelines do not warrant extending legal responsibility for drunken driving to retail gross sales of nonalcoholic items.

She famous that “this sea change within the legislation may have far-reaching penalties for retail companies” — from auto elements shops and tire retailers to mechanics and others who might be left guessing as as to if they’re topic to the brand new obligation.

Vigil added that it is unclear how a lot investigation fuel stations should do to find out whether or not an individual could also be intoxicated when attempting to refuel a car, significantly when many drivers pay on the pump relatively than coping with a employee inside.



Source link

mark lewis

mark lewis

Related Posts

Amarillo police increase enforcement for holiday weekend | KAMR
DWI Laws

Amarillo police increase enforcement for holiday weekend | KAMR

June 30, 2022
Texas Game Wardens Advise Texans to "Stay Dry" While Boating This Fourth
DWI Laws

Texas Game Wardens Advise Texans to “Stay Dry” While Boating This Fourth

June 30, 2022
Editorial Cartoon: Trigger laws - The Dallas Morning News
DWI Laws

Editorial Cartoon: Trigger laws – The Dallas Morning News

June 30, 2022
Next Post

Court News: On the Record (7/20/21) - State Gazette

Woman charged with taking ax to house windows and cars | Crime and Courts

Woman charged with taking ax to house windows and cars | Crime and Courts

Police report, 4/6/21 – Statesboro Herald

Police report, 7/20/21 - Statesboro Herald

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Follow Us

  • 52.2M Fans
  • 114 Followers
  • 67.4k Followers
  • 172k Subscribers

Recommended

News Anyway

Guide to South Carolina Car Accident Laws

5 months ago

Sheriff reports two DUI arrests in Oct. | Crimes Courts

9 months ago
Thirteen Drivers Cited for License Violations at Escondido Checkpoint

Five Drivers Arrested on Suspicion of DUI at Downtown Checkpoint

9 months ago
Teen Who Survived 2019 DUI Crash Dies, Hit by Suspected Drunk Driver

Teen Who Survived 2019 DUI Crash Dies, Hit by Suspected Drunk Driver

7 months ago

Instagram

    Please install/update and activate JNews Instagram plugin.

Categories

  • Articles
  • DUI Arrests
  • DUI Celebrity
  • DUI Checkpoint
  • DUI Court
  • DUI Laws
  • DWI Arrests
  • DWI Laws
  • DWI Record Search
  • Safe Driving
No Result
View All Result

Highlights

Texas Game Wardens Advise Texans to “Stay Dry” While Boating This Fourth

Kauai Tourism Plan Will Include New Fees And Enforcement

Editorial Cartoon: Trigger laws – The Dallas Morning News

Texas Game Wardens Advise Texans to “Stay Dry” While Boating This Fourth | News

BPD announces DUI, driver’s license checkpoint | News

Austin police conducts DWI Enforcement Initiative ahead of holiday

Trending

Knoxville Police Department unveils DUI checkpoint trailer
DUI Checkpoint

Knoxville Police Department unveils DUI checkpoint trailer

by mark lewis
June 30, 2022
0

KNOXVILLE, Tenn. (WVLT) - Knoxville Police Division officers unveiled their new DUI checkpoint trailer Thursday. The...

Amarillo police increase enforcement for holiday weekend | KAMR

Amarillo police increase enforcement for holiday weekend | KAMR

June 30, 2022
State Police to Conduct Sobriety Checkpoint in Erie County over Weekend - Erie News Now

State Police to Conduct Sobriety Checkpoint in Erie County over Weekend – Erie News Now

June 30, 2022
Texas Game Wardens Advise Texans to "Stay Dry" While Boating This Fourth

Texas Game Wardens Advise Texans to “Stay Dry” While Boating This Fourth

June 30, 2022
Hawaii Airfares Approaching New Highs

Kauai Tourism Plan Will Include New Fees And Enforcement

June 30, 2022

Recent News

  • Knoxville Police Department unveils DUI checkpoint trailer
  • Amarillo police increase enforcement for holiday weekend | KAMR
  • State Police to Conduct Sobriety Checkpoint in Erie County over Weekend – Erie News Now
  • Texas Game Wardens Advise Texans to “Stay Dry” While Boating This Fourth
  • Kauai Tourism Plan Will Include New Fees And Enforcement

Category

  • Articles
  • DUI Arrests
  • DUI Celebrity
  • DUI Checkpoint
  • DUI Court
  • DUI Laws
  • DWI Arrests
  • DWI Laws
  • DWI Record Search
  • Safe Driving

Follow us on social media:

Contact Us

  • Privacy & Policy
  • About Us
  • Contact Us

© 2021 DUI News

No Result
View All Result
  • Home
  • DUI Checkpoint
  • DUI Celebrity
  • DUI Arrests
  • DWI Arrests
  • DUI Laws
  • DWI Laws
  • DUI Court
  • Safe Driving
  • DWI Record Search

© 2021 DUI News