what? how many bartenders or even waiters/waiteresses can tell if someone is above the legal limit? are we going to mandate that each bar have a cop with a breathalyzer and that the bar has to pay the cop for sitting there? or the next thing we can do is – drop you keys into the box and give you a ticket, that once you blow into a breathalyzer, it will give you your keys back. sounds good to me — NOT!
at what point are we going to make it a personal responsibility? if that is the case, why can’t we sue the local police for not having gotten this guy as soon as he sat on the bike? so now, the bar is out $5000 plus, because it can’t sell alcohol for 10 days! so i guess no NEW YEARs Celebration there!
what would be interesting is – was this the last bar he found? or did he go somewhere else prior to the accident? makes you wonder how we can come to easy solutions? he might have found an ABC store along the way and had a comfort zone… so are we going to tell the police to ask the driver where he comes from when he gets pulled over for a dwi? and then we give the bar a ticket as well? we are in a sad state when folks just can’t be responsible…
I don’t see this as a case about the personal responsibility of the person who became intoxicated and then was killed along with a passenger while driving home on his motorcycle. Nothing in this story indicates that the family of either person is filing suit or that they instigated this action. (Of course, they are likely to do so in the future at which time I would agree with your comments.)
Rather, the bar owner, who in return for the privilege of selling alcoholic beverages to the public agreed to not serve already intoxicated individuals. This bar owner then violated this restriction on their license.
To me, it does not seem unreasonable to suspend the license for 5 days or impose a fine of $5,000 because of this violation.
Or, in your opinion, should be bar owner suffer no consequences for their actions?
So, why should bar owners follow any of the requirements for getting a license if there is no possibility of penalty? In fact, why bother to apply for a license?
Why should bar owners not be expected to either follow the law or accept responsibility for their own actions?
1 – the license is to be able to serve alcohol to those of age (in most cases) 21. they can deny drinks to anyone they can tell is intoxicated, but how many waitress/waiters get orders where they buy a pitcher of beer for the table. they won’t deny the purchase if the person ordering does not look intoxicated.
2 – how does the bar know that the person came there with a vehicle? this person could have just walked in from arriving by foot or taxi or friends vehicle.
3 – once this person steps onto the sidewalk, he’s on public property. he’s now subject to local police and their laws, including disorderly conduct. if this person was walking home, there probably would not be an issue, or if he had taken a taxi.
4 – we are given a driver’s license that came with a set of responsibility including knowing about DWI’s. that is a personal responsibility, not the state, nor anyone else. now, the state can revoke/suspend a license because it is a priviledge to drive.
lawyers and the society needs to get to know the facts that individuals need to be held accountable and responsible. if that person dies because of their negligence of the rules, why should a family gain profit from it. or in this case, why should the local community give them a fine. each person’s height and weight and metabolism are different and there is no way you can if they are truly just above the legal limit. some folks you can just by their behavior. but we can’t require our local bar establishments to have a breathalyzer, if you did then you make them responsible after they step out. this person could have gone to another bar or buddy’s place and got another beer or two.
tragedies happen and i can mourn and offer my prayers. but when society forgets that it’s the person responsibility for their own actions. it does not mean find a lawyer and see where can i get the money, because the lawyer will get his either from the folks you want to sue or you, the plaintiff, because you hired him.
We have updated our privacy policy to be more clear and meet the new requirements of the GDPR. By continuing to use our site, you accept our revised Privacy Policy.
what? how many bartenders or even waiters/waiteresses can tell if someone is above the legal limit? are we going to mandate that each bar have a cop with a breathalyzer and that the bar has to pay the cop for sitting there? or the next thing we can do is – drop you keys into the box and give you a ticket, that once you blow into a breathalyzer, it will give you your keys back. sounds good to me — NOT!
at what point are we going to make it a personal responsibility? if that is the case, why can’t we sue the local police for not having gotten this guy as soon as he sat on the bike? so now, the bar is out $5000 plus, because it can’t sell alcohol for 10 days! so i guess no NEW YEARs Celebration there!
I wonder if his liquor liability carrier will pick up the fine? No mention of any suit either.
I agree Wudchuck…where is the personal responsibility for anything these days. And you can be sure there will be a lawsuit in the future.
what would be interesting is – was this the last bar he found? or did he go somewhere else prior to the accident? makes you wonder how we can come to easy solutions? he might have found an ABC store along the way and had a comfort zone… so are we going to tell the police to ask the driver where he comes from when he gets pulled over for a dwi? and then we give the bar a ticket as well? we are in a sad state when folks just can’t be responsible…
I don’t see this as a case about the personal responsibility of the person who became intoxicated and then was killed along with a passenger while driving home on his motorcycle. Nothing in this story indicates that the family of either person is filing suit or that they instigated this action. (Of course, they are likely to do so in the future at which time I would agree with your comments.)
Rather, the bar owner, who in return for the privilege of selling alcoholic beverages to the public agreed to not serve already intoxicated individuals. This bar owner then violated this restriction on their license.
To me, it does not seem unreasonable to suspend the license for 5 days or impose a fine of $5,000 because of this violation.
Or, in your opinion, should be bar owner suffer no consequences for their actions?
Nope, the bar owner should not suffer. As long as there is money to be made, people try and find a way to make it!
So, why should bar owners follow any of the requirements for getting a license if there is no possibility of penalty? In fact, why bother to apply for a license?
Why should bar owners not be expected to either follow the law or accept responsibility for their own actions?
ok, let’s look at this in a different light…
1 – the license is to be able to serve alcohol to those of age (in most cases) 21. they can deny drinks to anyone they can tell is intoxicated, but how many waitress/waiters get orders where they buy a pitcher of beer for the table. they won’t deny the purchase if the person ordering does not look intoxicated.
2 – how does the bar know that the person came there with a vehicle? this person could have just walked in from arriving by foot or taxi or friends vehicle.
3 – once this person steps onto the sidewalk, he’s on public property. he’s now subject to local police and their laws, including disorderly conduct. if this person was walking home, there probably would not be an issue, or if he had taken a taxi.
4 – we are given a driver’s license that came with a set of responsibility including knowing about DWI’s. that is a personal responsibility, not the state, nor anyone else. now, the state can revoke/suspend a license because it is a priviledge to drive.
lawyers and the society needs to get to know the facts that individuals need to be held accountable and responsible. if that person dies because of their negligence of the rules, why should a family gain profit from it. or in this case, why should the local community give them a fine. each person’s height and weight and metabolism are different and there is no way you can if they are truly just above the legal limit. some folks you can just by their behavior. but we can’t require our local bar establishments to have a breathalyzer, if you did then you make them responsible after they step out. this person could have gone to another bar or buddy’s place and got another beer or two.
tragedies happen and i can mourn and offer my prayers. but when society forgets that it’s the person responsibility for their own actions. it does not mean find a lawyer and see where can i get the money, because the lawyer will get his either from the folks you want to sue or you, the plaintiff, because you hired him.