Bartender Jessica Figueiredo vividly remembers pleading with the Island?s 12th road fatality of 2005 begging him not to drive, shortly before he was involved in a fatal road accident.

But she does not believe she should be legally responsible for her patron?s decision to drink and drive.

A number of countries have passed laws holding bartenders liable for patrons who are injured from driving under the influence of alcohol and recently a member of the Road Safety Council floated the idea of implementing a similar law in Bermuda. asked a number of interested parties what their stance was on Bermuda implementing a similar law.

Jessica Figueiredo works at Robin Hood Pub and Restaurant and is one of many bartenders who are indignant at the suggestion they should be accountable for other people?s decisions.

Ms Figueiredo was working and serving Alec Wright on October 21, the night he died when his bike collided with a bus. He had been drinking at the pub and was heading out to go home. She realised that he was in no state to drive and followed him to the car park.

There they got in a heated 20 minute argument while she demanded he hand over his keys.

?Normally when we did that, he would (hand over his keys) and we would call him a taxi,? she said. ?For some reason that night he was adamant that he was fine to drive.

?Drinking and driving is something we take very seriously here,? Ms Figueiredo said. ?We have patrons who come in and say ?I?m going to get drunk tonight here are my keys? they pass them to us and come and collect them the next day. That?s the way it should be.?

Ms Figueiredo said Mr. Wright got into a fist fight with a good friend over the issue.

Eventually a security guard had to break it up and Mr. Wright got on his cycle and left. He got into an accident and died when his bike crossed into the eastbound lane on Kindley Field Road and collided with an oncoming bus.

?There comes a point when we can?t do anything more, we are trying to save your life and you don?t care,? Ms Figueiredo?s co-worker Gerne Brangman said. ?We have people who will yell and curse us out when we cut them off or tell them they can?t drive. If you don?t care what can we do??

New Road Safety Council chairman Dr. Christopher Johnson agrees with the bartenders that at the end of the day it is the individual patron who will make the decision whether or not to drink and drive.

?Behaviour is completely governed by the individual,? he said. ?We can do as many public announcements, media campaigns and pass laws but in the end it comes down to the individual.?

Liquor licensing legislation does prohibit the sale of alcohol to intoxicated individuals and Dr. Johnson said bartenders should enforce the current law.

?If a bartender knows that someone is intoxicated and intends to drive a vehicle, they should do everything in their power to prevent a potential accident or fatality,? he said. ?This includes taking the keys to the vehicle or notifying the police. ?

?We should also reward bars that do these sorts of things and sanction those that do not. If there are certain establishments that continually have patrons involved in road accidents they should be sanctioned.?

The Centre for Alcohol and Drug Addiction also does not believe that a law needs to created to hold bartenders accountable for patrons who are injured or killed from drinking under the influence of alcohol.

However, chairman Anthony Santucci recommended that bartenders undergo a mandatory server training programme so they can easily identify intoxicated individuals.

Bartender James Woolf, who has worked at Griffin?s Bar and Grill and Blackbeard?s Hide Out, agreed far too many people drink and drive but said an amendment holding him liable was unnecessary.

?An alarmingly large percentage of locals drink and then drive home,? he said. ?But I didn?t give them their keys or tell them to drive home, I shouldn?t be held legally responsible.?