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Words of Wisdom

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NM Motor Vehicle Laws Fall Short
Stop Serving Alcohol When Drunk
Santa Fe Times Reader Survey 

NM Motor Vehicle Laws Fall Short

A New Years Wish

My wife Beth Giblin won't be with us this Christmas Day. We cannot share a celebration with Beth and soak in her laughter and joy ever again.

On February 21, Beth joined the over 40,000 men, women, and children who were needlessly and senselessly killed on our U.S. roads this year.

We were driving home after celebrating our daughter's birthday when an oncoming vehicle instantly crossed over into our lane. The resulting high-speed collision took Beth's life and changed our lives and the world forever.

Beth was a wife, mother, grandmother, friend, and dedicated Carlsbad High School Guidance Counselor and Assistant Principal.

Beth looked forward to spending many more years on earth loving us and working in her mission field with young people. She had a special affection for the disadvantaged youth who have circumstances working against them. She once was one of those disadvantaged youth.

There are no words that can effectively communicate the pain that comes with this loss.

What I must share are some disturbing facts that increase the pain and outrage that comes with this terrible and preventable loss.

The New Mexico (NM) licensed vehicle and driver that hit us were part of the many thousands with questionable legitimacy to be on the road.

The NM vehicle that hit us was insured and registered in a NM deceased person's name.

The NM 19 yr. old driver and the actual vehicle owner were not listed on the vehicle's auto insurance policy. The insurance certificate was issued and then accepted by the NM motor vehicle department even though it listed a NM deceased person as the only "insured."

It appears that once again someone intentionally took advantage of the very weak NM State Laws and insurance industry systems and practices. This is one way so many higher and very high-risk NM drivers remain on the roads with the appearance of legal compliance and legitimacy.

In NM the Higher Risk Driver is allowed to opt out of liability insurance and full responsibility and accountability. They often keep their license and have you who choose to buy liability insurance pay their bills for them.

We share the roads with many thousands of these type people.

New Mexico allows it.

Unlike North Carolina (NC) and others, NM is a State that does not require licensed drivers to:

1) Show and maintain proof of auto liability insurance in the driver's name

2) Provide a valid Social Security Number and proof of full legal residency

New Mexico does not insist that all of its legally licensed drivers step up to the full measure of responsibility and accountability that includes auto liability insurance.

New Mexico is a State where:

1) Powerful elected officials state that it is "unfair" and then block the insurance requirement for obtaining a license to operate the High-Speed and oft time Deadly Weapons that we call cars.

We are unlike States like North Carolina where the leaders exercised the political courage to change and require all NC Drivers License applicants to show proof of liability insurance in the applicant's name.

Because of their courage, North Carolina is one of the States that really is saving many lives and many dollars. They force all licensed drivers to take ownership in the potential injury and liability that goes with this dangerous activity. They are not simply pretending to be getting better while hiding behind political rhetoric.

In this Republic "we the people" are the government that governs us. We are responsible and required to use our elected representatives to establish and repair laws; systems and processes that help our society survive and advance.

If our government is failing, it is because we are failing.

You have a choice to make about this issue. If you believe that the NM Drivers Licensing process is as good and safe as possible, then continue to do nothing. If you believe that this system can be and must be strengthened, then you are called to exercise your response-ability.

My wish is that we all become concerned and responsible citizens who get this fixed in 2006. I don't want you to go through the pain that we have since losing Beth in this senseless and avoidable tragedy.

My Beautiful Bride Beth so wanted to help make this world a better place for everyone.

Please honor her memory and make a difference for good. Please download and view Beth Slides and information at: http://briefcase.yahoo.com/johngibby3. Please start, and don't stop calling and writing the Governor, Legislature (www.state.nm.us) and all possible media outlets.

Please tell others to do the same.

Please e-mail me.

The lives you help save can easily include yours and all of your loved ones.

Thank You  

"Liberty means responsibility. That is why most men dread it." George Bernard Shaw
John Giblin
Carlsbad, New Mexico
Johngibby3@yahoo.com

Stop Serving Alcohol When Drunk

In response to the KOB news story that recently aired on bars over serving and where the responsibility rests with drinking alcohol, I would like to emphasize that it is still very much each person's responsibility to control when, where and how they drink alcoholic beverage; however, with each drink consumed, the ability to think and act in a reasonable and prudent manner is seriously diminished.  Therefore, with each drink served and each drink consumed the responsibility begins a shift from the consumer to the server. It is our legal,  moral and civic obligation to stop serving when one has had too much to drink.

For this reason the sale of alcoholic beverage " is not reckoned among the inherent privileges of a citizen of the United States or the state, but is a business which is attended with dangers to the community so that it may be entirely prohibited or authorized under such conditions as will limit its evil propensities to the utmost degree," (Yarbrough v. Montoya, 54 N.M. 91, 214 P2d 769, 1950).  

The responsibility of the government in these matters is clearly stated in statute: "it is the intent of the Liquor Control act that each person to whom a license is issued shall be fully liable and accountable for use of the license, includingliability for all violations" of the Liquor Control Act (Section 60-3A-2, Liquor policy of state, NMSA 1978).  

In accordance with the New Mexico Liquor Control Act, an establishment can be cited administratively and the offending establishment's server can be charged administratively and criminally for selling or serving alcohol to an intoxicated person.  

There is a great deal of controversy over the fact that several bars have been charged with selling to intoxicated patrons, while most go undetected, and those caught and charged often argue they were unfairly targeted, alleged targets of some political conspiracy.  No doubt the liquor lobby is strong in New Mexico, but so are citizens united to fight alcohol abuse in our state. Often the police and regulatory agencies are caught in the middle, trying to weigh public safety against government intervention.  Obviously, there are a limited number of State Special Investigations Division (SID) agents, and neither the SID nor local police can be everywhere, all the time. The news reporters basically set up a sting to expose this continuing problem, perhaps to spur people to further action. Perhaps to remind us of the importance of our individual responsibilities as drinkers, non-drinkers, servers and hosts, retailers and government, friends and family.

The facts of the matter are that Section 60-7A-16, NMSA 1978, states:  "It is a violation of the Liquor Control act for a person to sell or serve alcoholic beverages to an intoxicated person if the person selling, serving knows or has reason to know that he is selling, serving, a person that is intoxicated."  New Mexico Liquor Regulation 15 NMAC 10.5.1.11 reads in part:  "No licensee shall sell or serve alcoholic beverages to any person who is obviously intoxicated.  In addition to other commonly recognized tests of intoxication, a BAC level of .14 or higher on a test taken not more than one hour after the sale or service of alcoholic beverages shall be presumptive evidence that the purchaser was intoxicated at the time of the last sale." And, again, Section 60-3A-2, NMSA 1978, states: "it is the intent of the Liquor Control act that each person to whom a license is issued shall be fully liable and accountable for use of the license, includingliability for all violati!
ons" of the Liquor Control Act.

The agents of the State Special Investigations Division and local police are merely doing there duty by apprehending those who serve intoxicated patrons. The media is doing there part to bring attention to this issue.  

Now go do the right thing

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