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1998 SESSION

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HB 1144 Exemplary damages for persons injured by intoxicated drivers.

Introduced by: Brian J. Moran | all patrons    ...    notes | add to my profiles

SUMMARY:

Exemplary damages for persons injured by intoxicated drivers. Provides that when a DUI defendant has unreasonably refused to submit to a test of his blood alcohol content, his conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others, sufficient to allow for recovery of exemplary damages, when the evidence proves that (i) when the incident causing the injury or death occurred, the defendant was intoxicated; (ii) at the time the defendant was drinking alcohol, he knew that he was going to operate a motor vehicle and (iii) the defendant's intoxication was a proximate cause of the injury to or death of the plaintiff or plaintiff's decedent.


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