Monday, March 29, 2010
Idaho State Police and Nampa Police investigating a head on motor vehicle collision that occurred at the intersection of Middleton and Orchard Roads the evening of March 26, 2010 contend that the collision may be alcohol related. Nampa Police report that they received a number of calls around 9:30 p.m. last Friday indicating that a 2007 Chevy Colbalt traveling northbound on Middleton Road had be striking mailboxes and other items before traversing across the center line and colliding with a 1999 Ford Explorer head on.
In Idaho, the operation of a motor vehicle with a blood alcohol content of .08 or more is illegal and constitutes a misdemeanor the punishment of one who is over the age of 21 years of age for a first offense carries with it a jail sentence of up to 6months in the county jail, a fine of up to $1,000.00 and the suspension of the driver's license for 30 days.
Of course, any driver who proximately causes bodily injury or property damage as a result of operating a motor vehicle in a negligent manner may also be liable to pay for said damages. In the case where the operator was served alcohol while in an obviously intoxicated state, the purveyor of the alcohol to the obviously intoxicated driver could also be liable for said damages, but the time period for serving a notice of claim under the "dram shop" statute (Idaho Code Section 23-808) is 180 days from the date of injury. Failure to serve the notice of dram shop claim within 180 days from the date of injury could be prejudicial to your legal rights and remedies. If you are the victim of a drunk driver, you should consult with an attorney right away in order to preserve your legal rights and remedies.
CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.
For additional information contact:
Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Toll Free: 866.946.1669 [866.WIN.1.NOW]