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The Associated Press, Christina Rodriguez Updated: July 19, 2021 06:19 PM Created: July 19, 2021 01:30 PM
SANTA FE, N.M. (AP) The New Mexico Supreme Court says gas stations have a legal obligation not to sell fuel to drivers who are believed to be intoxicated.
The court issued a divided decision Monday that could have far-reaching effects on businesses and that only one other state applies so strictly.
The decision resolves a question of state law about the potential liability of a retailer that sold gasoline to an intoxicated driver in 2011 who later got into a fatal crash.
The decision notes that only Tennessee also applies the law in such a way to create a “duty of care” for businesses to not supply fuel to drunken drivers because of the risk of driving while intoxicated.
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A beer bottle lies beside the I-25 on-ramp at St. Francis Drive in Santa Fe. A Supreme Court ruling makes gas stations liable for selling gas to drunken customers. (Eddie Moore/Albuquerque Journal)
Copyright © 2021 Albuquerque Journal
In a case stemming from a fatal 2011 crash in McKinley County, the New Mexico Supreme Court ruled Monday that gas stations have a legal obligation not to sell fuel to an intoxicated driver.
A 3-1 majority of justices ruled that commercial gasoline vendors may be liable for selling gas to a drunken driver who injures others on the road.
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“Providing gasoline to an intoxicated driver is like providing car keys to an intoxicated driver,” Justice C. Shannon Bacon wrote for the majority. Chief Justice Michael E. Vigil and Justice David K. Thomson concurred.
New Mexico to make gas stations liable for selling fuel to intoxicated drivers
Gas stations have a legal obligation not to sell fuel to a driver the retailer knows or has reason to know is intoxicated Share Updated: 9:31 PM MDT Jul 19, 2021 Jaden Torres
New Mexico to make gas stations liable for selling fuel to intoxicated drivers
Gas stations have a legal obligation not to sell fuel to a driver the retailer knows or has reason to know is intoxicated Share Updated: 9:31 PM MDT Jul 19, 2021
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Show Transcript SCHOOL DISTRICT, AND A SPOKESPERSON SAID THEY WOULD NOT BINDUES’ ARREST AT THIS TIME. BE COMMENTING ON BINDUES’ ARREST AT THIS TIME. DOUG: NEA W RULING FROM THE NEW MEXICO SUPREME COURT SAYS GAS STATIONS HAVE AN OBLIGATION TO NOT SELL FUEL TO A DRIVER THEY KNOW IS INTOXICATED. THE DECISION CAME IN RESPONSE TO A U.S. COURT OF APPEALS CASE, WHERE A WORKER SOLD A MAN GAS, KNOWING THE PERSON WAS DRUNK. THE DRIV
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