With car accidents involving teenage drivers at an all-time high, summer marks the most dangerous time for young drivers to be involved in severe crashes.Read More
Last year, Ohio saw 27 alcohol-related deaths between Thanksgiving and New Year’s. As this night presents an opportunity for drinking and celebrating, it is essential to be prepared with the reality that police officers will be out in full force monitoring the roads for drunk drivers.Read More
Did you ever think it would become legal to leave a bar with a drink, walk outside and carry it with you? With the signing of House Bill 47, Governor Kasich has changed the law, allowing people to do just that.Read More
Last year, Ohio partnered with the national Drive Sober or Get Pulled Over campaign, which utilized more than 8,400 hours from the highway patrol and nearly 100 other law enforcement agencies.Read More
Ohio has recently started an initiative focusing on safer driving with the creation and placement of 130 permanent signs to spread traffic safety messages such as “Drive Sober” or “Get Pulled Over.”Read More
Our client who had been accused of a DUI recently received a reduction.
At our request, once the prosecutor looked at the video of the client performing the field sobriety tests, they agreed with us that the client did well enough on the video.
What really helped here was our clear understanding of how field sobriety tests are to be administered and how one must perform on them. This is a very happy client, as he could have lost his job with a DUI conviction.
10,076 people died in crashes involving an alcohol-impaired driver in 2013. This poses the question, is there a practical way that a driver can measure their own blood alcohol levels before getting behind the wheel?Read More
Many assume that a person must be driving a moving vehicle in order to be arrested. However, there are cases where a person is charged with a DUI even when the arresting officer did not witness the person driving.Read More
In the past, we have successfully maintained suits against liquor establishments for selling/furnishing alcohol to a noticeably intoxicated person - who, after leaving the establishment (or while still on the premises), caused injury to others. This often happens in DUI related auto accidents (sometimes it applies to bar fight cases too). When there is insufficient auto insurance to cover the auto accident injuries (be it the insurance of the drink driver or the "under" insurance of the injured person), lawyers are required to see of the person or establishment serving the DUI driver furnished alcohol to that driver when that driver (while at the establishment) was noticeably intoxicated. This is not an easy thing to do (although, with lots of work, we have been able to do so). An Ohio statute covers the law in this area. A recent case out of Franklin County explains the legalities and complexities of these types of cases. In Piras v. Screamin Willie's, 2015-Ohio-255, the Court of Appeals in Franklin County discussed how a bar/restaurant can be held liable for injuries caused by a patron who was served alcohol despite the fact that the patron was "noticeably intoxicated." The Court held:
- “For a claim to arise under R.C. 4399.18, noticeable intoxication must be evident at the time of service….[the defendant's] obvious intoxication at the accident scene and hospital does not provide, absent additional evidence, that he was noticeably intoxicated hours earlier when he placed orders at the bar.”
We have, in the past had to hunt down cash register receipts and interview other bar/restaurant patrons to finally discover how intoxicated the defendant was while the defendant was still on the premises of the bar/restaurant. Magnum PI results matter here.
Be careful out there. Don't hesitate to tell the bar/restaurant manager that a patron has had too much.