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2017 SESSION
SB 1498 Intoxicated drivers; punitive damages for persons injured.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Punitive damages for persons injured by intoxicated drivers; evidence. Extends to blood tests performed by the Department of Forensic Science pursuant to a search warrant the rebuttable presumption in civil cases for punitive damages for injuries caused by intoxicated drivers that provides that a person's blood alcohol level demonstrated by a test performed pursuant to the implied consent statute is at least as high as the driver's blood alcohol level at the time of the accident. The bill further establishes a rebuttable presumption applicable in a civil case for punitive damages for injuries caused by an intoxicated driver that a person who has consumed alcohol knew or should have known that his ability to drive was or would be impaired by such consumption.
SUMMARY AS PASSED SENATE:
Punitive damages for persons injured by intoxicated drivers; evidence. Extends to blood tests administered subsequent to a search warrant the rebuttable presumption in civil cases for punitive damages for injuries caused by intoxicated drivers that provides that a person's blood alcohol level demonstrated by a test performed pursuant to the implied consent statute is at least as high as the driver's blood alcohol level at the time of the accident.
SUMMARY AS INTRODUCED:
Punitive damages for persons injured by intoxicated drivers; evidence. Extends to blood tests performed pursuant to a search warrant the rebuttable presumption in civil cases for punitive damages for injuries caused by intoxicated drivers that provides that a person's blood alcohol level demonstrated by a test performed pursuant to the implied consent statute is at least as high as the driver's blood alcohol level at the time of the accident.