Today, the Maryland
Senate passed a bill that would hold drunk drivers liable for punitive
damages if they have a previous DUI conviction in the last 10 years and caused
the victim’s death or injury while driving with a BAC at or above 0.15. As expected, state legislators are moving
closer towards strengthening DUI laws in Maryland. This bill now faces a vote in the House of
Delegates.
For
those who do not know, punitive damages are rarely awarded in Maryland, and will
only be awarded when the defendant acted with “evil motive, intent to injure or
ill will.” When a person chooses to
drink and drive, they clearly have an intent to injure either themselves,
someone else, or both. This is certainly
a step in the right direction of trying to reduce the number of drunk driving
related injuries and deaths. If this
bill survives the House and becomes law, not only will drunk drivers face
criminal penalties and paying civil damages for injuries sustained by the
victim, but they could also face punitive damages, which are damages meant to
make the victim or their family whole again and to deter the defendant from
doing this again. As the bill’s chief
sponsor stated, punitive damages are meant to “send a statement by Maryland that
we do not accept this kind of conduct, that it is intentional conduct.”
This
is just one example of possible changes coming to Maryland drunk driving laws
in the future. There has yet to be any proposed
legislation that would require an ignition interlock device for all first time
DUI offenders. Many proponents for
strengthening the state’s DUI legislation believe that interlock devices must
be required for all DUI offenders.
Statistics have shown that if Maryland had this law in place, many
innocent lives would have been saved.
If you or a family
member has been charged with DUI or DWI in Maryland and would like a free legal
consultation or if you would like more information on DUI or
DWI please feel free to contact our office at (301) 854-9000 and schedule
an appointment at our office in Laurel
or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/
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