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2013 SESSION

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SB 1112 Driving under influence of alcohol; exemplary damages, etc.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

DUI; exemplary damages. Provides that for the purpose of awarding exemplary damages in an action for personal injury or death arising from the operation of a motor vehicle while under the influence, it shall be rebuttably presumed that the blood alcohol concentration of the defendant at the time of the incident causing injury or death was at least as high as the test result shown in a certificate of analysis for a blood or breath test, provided that the test was administered within three hours of the incident. In addition to other forms of proof, a party may submit a copy of a certificate of analysis for a blood or breath test administered pursuant to an arrest for driving under the influence, which shall be prima facie evidence of the facts contained therein.


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