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New Mexico is 2nd state to make gas stations liable for DUI


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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