Articles Tagged with DUI accident lawyer

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When an individual has been convicted of drunk driving, they often are required to have an ignition interlock device placed on their cars. These devices prevent a person from starting a car until they have passed a breath test for driving. States have passed compliance laws that strictly require individuals who have had an ignition interlock device installed in their vehicle after a DUI offense to comply with these devices. The devices can only be removed once the person has shown to have complied with the devices for a defined period of time. These compliance laws seem to have much higher success than other methods of preventing repeat offenses and reducing the risk of alcohol – related car accidents.

Those  findings come from a new study conducted by the Governors Highway Safety Association. The report focused on the effectiveness of compliance- based removal components in ignition interlock device laws.  Currently, all states, including Georgia, have some form of ignition interlock device laws which require that they get devices installed in their vehicles that prevent them from operating their vehicle if their system contains more than a certain amount of alcohol.  At  least 33 states have compliance- based removal laws in place that clearly define conditions that must be met for an exit from the interlock device requirement.  Georgia, unfortunately, does not have a compliance- based removal component as part of its  ignition  interlock device laws.

The  Governors Highway Safety Association focused on two states that   have compliance – based removal laws and two states that do not have such laws.  The study established that states that have compliance -based laws have  much lower recidivism rates  for drunk driving compared to states that do not have such compliance laws in place. The Governors Highway Safety Association researchers say that there is no way to absolutely confirm that these higher recidivism rates in states that do not have compliance -based removal laws were related to the absence of these laws and that other factors could also play a role.  But  they also stress that compliance -based  removal laws do  provide an extra layer of protection that can prevent these auto accidents. The researchers  are encouraging states like Georgia to review their ignition interlock laws to identify deficiencies and correct  these in order to make these laws more effective.

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In addition to the at-fault driver, it is possible to hold other people or entities responsible for injuries caused in a drunk driving accident.  Under Georgia’s dram shop laws, sellers and servers of alcohol can be sued for monetary compensation if they have acted negligently.

Dram shop liability refers to the exposure commercial establishments such as restaurants, bars, liquor stores, hotels, or clubs have related to the sale of alcohol to customers. Georgia’s dram shop laws make a commercial drinking establishment like a pub or club liable for damages if the establishment serves alcohol to minors under the age of 21. The laws also allow an alcohol provider to be held liable when an establishment serves alcohol to a person who is noticeably intoxicated and is likely to drive a car after.

It is important to understand that an experienced dram shop attorney often makes all the difference in these complex cases.  For example, the dram shop laws in Georgia do require that commercial establishment employees be aware that an intoxicated person intends to operate a motor vehicle after drinking. That makes it more challenging for drunk driving accident victims and their families to hold a commercial establishment legally liable for damages.  Staff members frequently claim that they had no way of knowing how the intoxicated person would travel after leaving the drinking hole.

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