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SAN DIEGO (KGTV) -- California roads have some of the worst drivers in the entire country, according to a new ranking.Finance website SmartAsset reports that California ties with Missouri to take third on the list for states with the worst drivers.In order to rank states, the site looked at the percentage of drivers with insurance, the number of DUIs per driver, the average number of deaths per miles driven and how often residents Google terms like traffic ticket or speeding ticket.California ranked 12th for DUIs per thousand drivers and 11th for percentage of uninsured drivers. The Golden State also ranked 32nd for number of people killed per 100 million miles driven.It may give some comfort to know that California wasn’t ranked first. That honor was given to Mississippi followed by Tennessee.More California rankings: 839
SAN DIEGO (KGTV) -- California Highway Patrol is investigating after a man was shot while driving on Interstate 8 Saturday night. According to CHP, the shooting happened on I-8 near Waring Road around 8:30 p.m. CHP says an unknown vehicle began firing rounds at the victim. RELATED: Jury finds Chula Vista road rage suspect guilty of second-degree murderOnce on State Route 125, the suspect again started shooting at the man, striking him once in the arm. According to CHP, the suspect fled the scene in an unknown vehicle and has yet to be located. The victim was taken to the hospital and is expected to recover. He was later arrested after CHP determined that he was under the influence of drugs and alcohol. RELATED: 1 woman dead, another person hurt in shooting at Southcrest parkAnyone with information is asked to call CHP at 858-293-6000. 855

SAN DIEGO (KGTV) -- As drugmakers race to develop a vaccine against the coronavirus, several legal questions are emerging: could the government require people to get it? Could people who refuse to roll up their sleeves get banned from stores or lose their jobs?The short answer is yes, according to Dov Fox, a law professor and the director of the Center for Health Law Policy and Bioethics at the University of San Diego.“States can compel vaccinations in more or less intrusive ways,” he said in an interview. “They can limit access to schools or services or jobs if people don’t get vaccinated. They could force them to pay a fine or even lock them up in jail.”Fox noted authorities in the United States have never attempted to jail people for refusing to vaccinate, but other countries like France have adopted the aggressive tactic.The legal precedent dates back to 1905. In a landmark U.S. Supreme Court case, Jacobson v. Massachusetts, the court ruled Massachusetts had the authority to fine people who refused vaccinations for smallpox.That case formed the legal basis for vaccine requirements at schools, and has been upheld in subsequent decisions.“Courts have found that when medical necessity requires it, the public health outweighs the individual rights and liberties at stake,” Fox said.In 2019, New York City passed an ordinance that fined people who refused a measles vaccination.That said, recent protests over face coverings show there could be significant backlash to a vaccine mandate, Fox said. Just because states have the power to do it, doesn’t mean it’s the best public policy, he added.Although states would have the authority to mandate vaccinations, there’s more doubt about whether Congress could enact a federal requirement.The most likely federal vaccination requirement would come in the form of a tax penalty, but Fox said given the current composition of the Supreme Court, a federal vaccine requirement would likely be found unconstitutional.Opponents of a federal mandate would cite the Supreme Court’s 2012 decision on the Affordable Care Act, Fox said. In that case, the justices ruled that Congress could not use its powers to regulate interstate commerce to require people to buy health insurance, even though the ACA’s individual mandate was ultimately upheld on separate grounds.That means the U.S. could have a patchwork of different vaccine requirements in different states.States that explore a vaccine requirement should only do so if the vaccine is widely and readily available, Fox said.“Otherwise you create an underclass of people who are less safe and without access to the basic means of society,” he said.States would need to allow exemptions for people with legitimate medical risks, like pregnancy, but not exemptions on religious or philosophical grounds, he said.“Religious exemptions are not constitutionally required by the First Amendment’s Free Exercise clause, provided that the vaccine mandates don’t single out religion; they’re not motivated by a desire to interfere with it,” he said.In the workplace, private employers would have a lot of flexibility to require vaccinations and fire workers who refuse them for anything but legitimate medical concerns.As long as employers show there are significant costs associated with having unvaccinated workers, they would not need to offer religious exemptions to employees, Fox said.Under the 1964 Civil Rights Act, employers are not required to accommodate religious employees if doing so would pose more than a “de minimis,” or minimal cost. 3561
SAN DIEGO (KGTV) — As former San Diego State star Kawhi Leonard readies for his Los Angeles Clippers debut Tuesday, another Aztec will also start the season on an active NBA roster.SDSU's Jalen McDaniels was signed to a multi-year contract and placed on the 17-man roster for the Charlotte Hornets Sunday, the team announced. McDaniels left SDSU after his sophomore season last spring and was picked 52nd overall in the 2019 NBA Draft.The 6-10 forward led the Aztecs in rebound average, total steals, and was second in scoring average last season. McDaniels signed with the Hornets on Oct. 10 under an unguaranteed Exhibit 10 contract, before the team converted it to a two-way contract on Saturday — meaning he could go back and forth between Charlotte's G League-affiliate, Greensboro Swarm, and the NBA. McDaniels participated in two preseason games with the Hornets, averaging 1.0 points and 0.5 rebounds in 5.3 minutes per game, according to the team.Sunday, the team bolstered his contract to a three-year, partially guaranteed contract ahead of the season opener. The terms of the deal were not disclosed.Charlotte's Wednesday night opener against Chicago will also feature two other Mountain West Conference rookies: former University of Nevada, Reno, twins Caleb and Cody Martin, both forwards as well. 1319
SAN DIEGO (KGTV) — At age 41, Ryan Bartell had already achieved so much: He was a two-time all-state runner, served in the Coast Guard, and was helping autistic children alongside his wife. He also had a son of his own. “Ryan called me on March 1 of last year to say that he had been diagnosed with stage IV pancreatic cancer," remembers Jim Bartell, Ryan's father. The cancer was aggressive and chemotherapy wasn't working, Ryan was in a lot of pain. “They had him on morphine and fentanyl, two very serious opioids, and because of those two drugs he was asleep most of the time to deal with the pain," said Jim. Jim says that lasted for about four weeks until Ryan asked for cannabis. “He went from being asleep most of the time with fentanyl and morphine to being alert and being able to communicate, text, talk to friends, have visitors, while he was on the cannabis medicines."Jim says the cannabis gave Ryan a decent quality of life in his final weeks; he passed away seven weeks after the initial diagnosis. “While medical cannabis has been proven to help with reducing nausea, vomiting, and pain, hospitals in our state are expressly prohibited from providing it to patients," said State Senator Ben Hueso.Because of the Federal Drug-Free Workforce Act, hospitals have adopted policies prohibiting cannabis in their facilities. Hueso wants to change that with SB 305 or Ryan’s Law: Compassionate Access to Medical Cannabis in Healthcare Facilities Act.Healthcare facilities which treat terminally ill patients would be required to allow the use of medical cannabis, meaning patients could bring their product inside the hospital.The patient would be required to provide the facility with a copy of their medical marijuana card or recommendation by a physician.The bill excludes vaping or smoking but edibles, oils, topicals, etc. would be allowed. New York already has a similar law. “I felt something had to be done so that that didn’t happen to other people who wanted a higher quality of life near the end of their life," said Jim, who initiated the legislation. 2082
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