It was just before midnight when the Reverend William Warr was driving down 270 with his wife and two granddaughters in the back seat. His granddaghters had just fallen asleep.

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The jeep the family was driving in was hit from behind by Michael Eaton. Jazemin, 10, was killed.

Eaton pleaded guilty to vehicular manslaughter and is now serving eight years in prison.

Jazemin's family hired an attorney to sue the restaurant where Eaton was reportedly served 17 beers before getting into his Landrover and heading down 270.

But Maryland is one of the few states that doesn’t allow bars or restaurants to be sued for over serving alcohol to customers. They sued hoping to change the law.

Thirty-seven states and the District have laws allowing bars and restaurants to be sued by victims of drunk drivers.

Maryland and Virginia do not.

"If ever there were a case that screamed out for a change in the law this is it,” says attorney Andrew Bederman.

But not everybody thinks it's that clear cut.

"I don't know how that would be enforced, it would be tough to enforce,” says Wes Kauffman, of Laytonsville Md.

But Jazemin's grandfather says that without tougher laws, more innocent people will be killed.

"The bartenders and those who serve alcohol should be conscience of what they are doing,” Warr says. “They are not being responsible. The law is not there to enforce it and you know what happens if you don't have a law."