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An appeals court in Ohio has ruled that a strip club may not be held legally responsible for the severe injuries suffered by a third party when one of its dancers drove home from work intoxicated. dancer

Customers at the club routinely purchase drinks for the dancers, who are allowed to drink alcohol while on-the-clock. One of the dancers apparently drank too much before getting into her vehicle to drive home after her shift. She crashed her car on the way back, causing severe injuries to another woman.

At trial, jurors overseeing the dram shop act case held the club liable to pay $1.43 million of a $2.85 million damage award for the injured woman. However, the Second District Court of Appeal reversed, finding in Johnson v. Montgomery that the state’s dram shop law is not applicable to the employee in this case.  That’s because Ohio’s dram shop law only allows an alcohol vendor to be held liable for injuries caused after service of alcohol to either a minor or someone who is visibly intoxicated. The trial court should have accepted the strip club’s request for a directed verdict before the case went to the jury.  Continue reading

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It’s prom season.

High school students across the country are preparing for the biggest bash of the last four years, scouring for the perfect dress, the right date and all the best reservations. While students are generally most concerned with having a memorable night, parents want to make sure they remember it for all the right reasons. teenprom

Far too often, prom night ends in tragedy for those who drink, take drugs and then get behind the wheel. Of course, it’s not just prom night. Late spring is associated with an unusually high number of teen-related drunk driving car accidents. Part of that has to do with the fact there are so many back-to-back celebrations. Teens, who are still by virtue of their age inexperienced drivers, are emboldened by new-found freedoms and the prospect of new beginnings. And when youth are so focused on having a good time, the good judgment they may normally display can take a backseat – particularly when they are driving.

So what can parents do?  Continue reading

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A 51-year-old from Rhode Island had seven prior convictions for driving under the influence in that state. As a result, judges there had ordered his driver’s license permanently revoked for the rest of his life.driving9

Yet not long after, he obtained a valid driver’s license in the Commonwealth of Massachusetts. Although it was later suspended, that still didn’t stop him from getting behind the wheel drunk and racking up his eighth DUI arrest, the last one in Northampton, MA.

How could this happen? After all, many states have statutes that allow prior DUI convictions that occur out-of-state to be considered in penalties elsewhere. Massachusetts does too, but here’s the trouble: The Commonwealth is one of just five states that does not participate in the Drivers License Compact.  Continue reading

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Massachusetts DUI charges have been lodged against a one-time “Principle of the Year,” who is at the helm of a middle school.sad2

The arrest has made national news, and the accused has been placed on administrative leave by the superintendent at Dedham.

She was reportedly stopped by police one weekend night in early April and accused of driving impaired. She had not been involved in a DUI accident and there were no injuries reported.  It appears though authorities may have stopped her just in time. An off-duty officer in Weston alleged he spotted the suspect driving “all over the road” along Interstate 95. He said he watched as she nearly crashed her vehicle four different times. He followed her and called 911.  Continue reading

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There is no question that many come to a NASCAR track to see the crashes.  However, we are normally talking about crashes that occur during the race, and as far as NASCAR tracks go, the Daytona International Speedway has had its fair share of famous crashes.  According to a recent news feature from ABC News Boston, four people were injured during the latest crash at the famous motor speedway, except this crash involved several mobile homes in infield camping area.

beersAuthorities say several motor homes and cars were seriously damaged and four people were injured when a 43-year-old Florida woman allegedly drove her pickup truck while intoxicated and crashed it into five campers and four people during a motocross event being hosted at the track. Continue reading

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When we put our kids on the school bus each morning and wait for them to arrive home on the bus each afternoon, we generally do not give much thought to whether or not the bus driver will be sober while driving his or her route.  The reason for this is that we assume the school board or contracted bus company will its do its job and make sure to hire well-trained competent drivers, and we assume the drivers will not put the lives of dozens of children at risk by drinking and driving a school bus.

school-rules-1141363-mUnfortunately, according to the allegations in a recent news feature from CBS Boston, this is not an assumption we can always make.  Authorities report they were called to Tantasqua Junior High School around two in the afternoon this past week.  They were first told it was a medical emergency, and they dispatched paramedics to the school. Continue reading

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According to a recent news report from the Boston Globe, a total of six people were injured in what is alleged to be a drunk driving crash that occurred in Bourne, Massachusetts. Authorities believe that there were several factors that led to five of the six victims being severely injured, including alcohol, speeding, and inclement weather. Police also alleged the 18-year-old at-fault driver was under the influence of alcohol at the time of what they are classifying as a mass casualty accident.

mmsIFfoWitnesses say a Toyota Camry containing five, underage male occupants from the town of Sandwich, Massachusetts was traveling at a speed that was not safe for the snowy weather.  As they were driving down Route 6, police believe the driver of the Camry lost control of his vehicle while trying to navigate a sharp turn.  At this point, he crossed over into the lane of oncoming traffic and crashed into a Toyota Corolla.    Continue reading

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There is no question there is an increasing amount of support for tougher drunk driving laws in the Commonwealth of Massachusetts.  This is not surprising when we consider that more Americans have lost their lives in drunk driving accidents than they have in all recent wars combined. This means that there are lots of victims of drunk driving accidents, and a lot of family members who lost a loved one as a result of a serious drunk driving crash.

driving1-225x300A recent feature from the Lowell Sun looks at an effort now being made to increase the penalty for drunk driving in Boston and throughout the Commonwealth of Massachusetts.  This new proposed law deals with the use of ignition interlock devices being installed on cars. The devices require a vehicle operator to blow into a breath test tube to verify he or she is not intoxicated.  The test is required to start the vehicle, and it is also required at random points while driving. The reason for the random tests is that some drunk drivers will have a sober person blow into the tube to start the car, so they can operate the vehicle. Continue reading

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In what is a strange but common scene in the greater Boston area, a man is lying in his hospital bed as a defense attorney, court clerk, and even a judge in a full black robe, conduct an arraignment.  An arraignment, also known as first session in the Commonwealth of Massachusetts, is the first court hearing for a defendant in misdemeanor and most felony cases.  This is where there is a formal reading of the charges, and the judge decides if the defendant will be held on bail or released.

1316049_untitled-300x200While it seems strange to hold court and do an arraignment in a hospital room, the actual reason for this has to do with departments not wanting to spend money that they don’t have. When a defendant is arrested, before he or she is arraigned, the police must maintain custody unless a judge or bail commission conducts an initial arraignment.  This means that police must post officers outside of the defendant’s hospital room 24 hours a day until the arraignment occurs.  Once defendant is arraigned, custody transfers to the bail officers during court and then to the county sheriff.  The police complain about paying overtime, so they get the courts to come to the hospital. Continue reading

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According to a recent news feature from the Detroit Free Press, Marcus Glenn, a well-known artist from Detroit, was just arrested after what was alleged to be a fatal drunk driving car accident.

dJCgskAuthorities say defendant was driving his vehicle with his wife seated in the passenger seat when he somehow lost control of the vehicle and crashed into a guardrail at a high rate of speed.  When first responders arrived at the scene, they found defendant’s wife in serious condition, as the car had hit the guardrail on the passenger side of the vehicle where she was seated.  Continue reading

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