so they gonna put a breathalyzer on the pumps???
Posted on 08/02/2021 11:27:47 AM PDT by rickmichaels
The New Mexico Supreme Court ruled Monday that service stations in the state can be liable for selling fuel to intoxicated drivers, making it only the second state in the Union where such liability extends to station operators. Tennessee was the first.
The ruling came down after New Mexico's highest court agreed to hear a request from a federal appeals court to resolve a question of state law concerning the potential liability of a retailer that sold gasoline to an intoxicated driver in 2011. After refueling and returning to the highway, that driver crossed the center line and crashed into an oncoming vehicle, killing its occupant.
The intoxicated driver had a blood alcohol concentration of 0.176 – more than double the legal limit (0.08) in New Mexico – and was arrested for driving while under the influence, vehicular homicide, and driving left of center, according to the case synopsis supplied in the court's ruling, which noted that only one other state — Tennessee — applies the law in such a way to create a “duty of care” for businesses to refrain from supplying fuel to drunken drivers because of the risk of driving while intoxicated.
While there is no law in New Mexico specifically preventing the sale of gasoline or auto parts to a drunk (or otherwise incapacitated) customer, the ruling sets a precedent under the the legal doctrine of negligent entrustment, which outlines the responsibilities of owners of potentially dangerous goods to supply them only to someone competent to safely use them.
While New Mexico has no law that would prohibit the sale of gasoline to intoxicated drivers, the court's majority wrote that a duty not to sell gasoline to someone who is drunk is consistent with liability for giving that person alcohol or a vehicle, and the latter has been recognized in the past by state courts.
In her dissenting opinion, now-retired Justice Barbara Vigil wrote that selling or serving alcohol is regulated and that laws don't warrant extending liability for drunken driving to retail sales of nonalcoholic goods. She noted that “this sea change in the law could have far-reaching consequences for retail businesses,” hence the concern for mechanics, service departments and retail outlets that sell DIY parts.
Vigil also noted that there is little guidance as to the degree to which retailers are responsible for investigating the intoxication of customers or whether that liability will extend to self-service situations that would be far more difficult for attendants to monitor.
So that means gas stations will have to shut down on the Reservations.
Ridiculous.
Yet another example of our society ignoring personal responsibility and looking to blame someone else for your bad decisions.
What does the court suggest - putting breathalyzers at self-service pumps?
New Mexico will blame everyone possible except the drunk. And they treat the drunk with delicate tender understanding. And they have the penalty and prosecution very subdued and very slowly increased over time. Sob the drunk becomes acclimated to the penalties.
A better system would be for the early arrests to result in severe consequences that would deter further offenses.
But they insist on very slowly applying pain.
Also 75 % off the lawmakers and judges are drunks too.
Why only drunk drivers?
What about those on coke, x, e, pot, meth, etc?
Can’t smell of every state of whackadoodle.
Blame the gun manufacturer, blame the service station, there is a dark mid-evil time ahead. Blame anyone except the person responsible. They will put all these businesses out of business and drive us to a third world black market economy.
What if the passenger, who is drunk pumps the gas?
Or, the passenger that is NOT drunk buys or pumps the gas? And the driver who may be over limit never gets out.
is the gas station STILL Liable??
Gasoline, $3 during the day but $8/gallon at night (when only drunk people will pay that much).
Gas stations should then be liable for selling gas used to get corrupt judges to court where they issue idiotic leftist BS about gas stations being liable for selling gas to DUIs.
What about employers, they give them money to buy a vehicle, then the dealers or private parties that sell them a vehicle? Can’t have personal responsibility... no, no, no.
And the carwash, and the wiper manufacturer?..................
Gas stations I see don’t allow customers in after 10pm. The attendant sits in a bulletproof room and will slide purchases to the customer through a drawer mechanism.
What if the passenger, who is drunk pumps the gas?
Or, the passenger that is NOT drunk buys or pumps the gas? And the driver who may be over limit never gets out.
is the gas station STILL Liable??
After refueling and returning to the highway, that driver crossed the center line and crashed into an oncoming vehicle, killing its occupant.
== == ==
It is obvious that the center line should have been a divider.
And what brand is the car?
How are they supposed to know if people are drunk if they use self-service?
Self service, pay at the pump? If the drunk never comes inside the store, how would they know?
Hell, take the liability all the way to the oil companies ... that’s where the real big bucks are for the salivating attorneys.
There are legislators who want breathalyzers (and paid monitoring) for ALL drivers in ALL cars regardless of past driving history or legal matters.
so they gonna put a breathalyzer on the pumps???
So if McDonalds sells a Big Mac to some 400 pounder that is morbidly obese, they are criminally liable in the subsequent death? Slippy slope with back ice.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.