GFY Lawyers - Ohio DUI question

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  • selena
    Confirmed User
    • Aug 2004
    • 7995
    #51
    As a former bartender, I would have cut her off long before she drank that much, unless I had a sober person in front of me saying they were driving her home.

    That said...

    she is still accountable for her actions.

    Edit: 50 drunk friends
    Last edited by selena; 01-27-2007, 09:45 AM.
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      Comment

      • budz
        Disruptive Innovator
        • Sep 2003
        • 4230
        #52
        4399.18. Limitations on liability for acts of intoxicated person.

        Notwithstanding division (A) of section 2307.60 of the Revised Code and except as otherwise provided in this section, no person, and no executor or administrator of the person, who suffers personal injury, death, or property damage as a result of the actions of an intoxicated person has a cause of action against any liquor permit holder or an employee of a liquor permit holder who sold beer or intoxicating liquor to the intoxicated person unless the personal injury, death, or property damage occurred on the permit holder's premises or in a parking lot under the control of the permit holder and was proximately caused by the negligence of the permit holder or an employee of the permit holder. A person has a cause of action against a permit holder or an employee of a permit holder for personal injury, death, or property damage caused by the negligent actions of an intoxicated person occurring off the premises or away from a parking lot under the permit holder's control only when both of the following can be shown by a preponderance of the evidence:



        (A) The permit holder or an employee of the permit holder knowingly sold an intoxicating beverage to at least one of the following:




        (1) A noticeably intoxicated person in violation of division (B) of section 4301.22 of the Revised Code;




        (2) A person in violation of section 4301.69 of the Revised Code.




        (B) The person's intoxication proximately caused the personal injury, death, or property damage.
        o shit I guess there is some liability after all.
        Last edited by budz; 01-27-2007, 10:28 AM.
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          Comment

          • budz
            Disruptive Innovator
            • Sep 2003
            • 4230
            #53
            (B) No permit holder and no agent or employee of a permit holder shall sell or furnish beer or intoxicating liquor to an intoxicated person.
            It's not just the right thing to do, it's the law
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              Comment

              • Rhesus
                Confirmed User
                • Aug 2004
                • 2009
                #54
                How stupid can you be? Why do you and your dumb friend want to leech others for stupidities she's undertaken herself? As far as I'm concerned she can spend a few months in jail.

                  Comment

                  • budz
                    Disruptive Innovator
                    • Sep 2003
                    • 4230
                    #55
                    Originally posted by Rhesus
                    How stupid can you be? Why do you and your dumb friend want to leech others for stupidities she's undertaken herself? As far as I'm concerned she can spend a few months in jail.
                    Wow, I must be pretty stupid for quoting the law.

                    You must not be able to comprehend anything you read.. leech others?
                    I was just questioning about liability...

                    I'm pretty sure she will be taking a vacation at the gray bar inn.

                    Thanks for your concern, you're such a nice person
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                      Comment

                      • budz
                        Disruptive Innovator
                        • Sep 2003
                        • 4230
                        #56


                        lol rhesus monkeys

                        btw, lol @ the "monkies" in the pic
                        Last edited by budz; 01-27-2007, 10:55 AM.
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                          • jennym
                            Confirmed User
                            • May 2003
                            • 1622
                            #57
                            Originally posted by budz
                            I don't think she actually did (know better) after so much drinking..
                            She knew when she left home she planned on getting fucked up and driving home. IMO, that makes her an irresponsible, selfish bitch who deserves everything she gets. Glad she didn't kill an innocent child, mother, father, etc.

                            Originally posted by budz
                            Weird,.. I'm pretty sure if I let someone leave my property and they were drunk (even if I didn't serve them) it would be partially my fault if something happened.
                            I am pretty sure when you prevent someone from leaving, it is legally called kidnapping.

                            The law says a bartender can't serve someone who is drunk. Do you know why this law is even necessary? Because of irresponsible fuckheads like your friend. Lawmakers were forced to create a law because people like to pass the buck. Thank your friend from all of us grown-up folk who believe in getting fucked up, and then taking a cab, or having a designated driver from the beginning.

                              Comment

                              • escorpio
                                doesn't fuck around.
                                • Oct 2002
                                • 23485
                                #58
                                Originally posted by BVF
                                It's Ohio, not Mexico.
                                No shit. Asking the cop to do that would probably result in charges of witness tampering.
                                Unvaxxed, still alive.

                                  Comment

                                  • budz
                                    Disruptive Innovator
                                    • Sep 2003
                                    • 4230
                                    #59
                                    Originally posted by jennym
                                    She knew when she left home she planned on getting fucked up and driving home.
                                    Nah, she usually gets a ride..
                                    It is my belief that she was too drunk to make a rational decision, thus she drove instead of getting a ride.

                                    Originally posted by jennym
                                    IMO, that makes her an irresponsible, selfish bitch who deserves everything she gets. Glad she didn't kill an innocent child, mother, father, etc.
                                    Agreed.

                                    Originally posted by jennym
                                    I am pretty sure when you prevent someone from leaving, it is legally called kidnapping.
                                    Well... if you break the law and keep serving an intoxicated person.. I think it would be in everyones best interest to not let them drive at the least. Call a cab don't tie them up in the back room, lol.


                                    Originally posted by jennym
                                    The law says a bartender can't serve someone who is drunk.
                                    Do you know why this law is even necessary?
                                    Because it is in the majorities best interest?

                                    Originally posted by jennym
                                    Lawmakers were forced to create a law because people like to pass the buck.
                                    This law, actually enables them to "pass the buck" if the bartender violates the law.. Drunk people don't always think logically.


                                    btw, for residential there is "Social Host Liability" and commercial there is "Dram Shop Law". both address the liability of the 'host'
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                                      Comment

                                      • budz
                                        Disruptive Innovator
                                        • Sep 2003
                                        • 4230
                                        #60
                                        Originally posted by escorpio
                                        No shit. Asking the cop to do that would probably result in charges of witness tampering.
                                        rofl most definitely.
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                                          Comment

                                          • Jack_Daniels
                                            Confirmed User
                                            • Jan 2006
                                            • 161
                                            #61
                                            Originally posted by budz
                                            btw, for residential there is "Social Host Liability" and commercial there is "Dram Shop Law". both address the liability of the 'host'
                                            Both laws are fucked up.

                                            If someone can't handle the booze they choose to swallow it should be on them, not on anyone else.

                                            If this girl is too stupid to handle situations like this on her own, perhaps she shouldn't be allowed out of the house without adult supervision.
                                            Last edited by Jack_Daniels; 01-27-2007, 03:02 PM. Reason: typo
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                                              • NE0MAVEN
                                                Confirmed User
                                                • Mar 2006
                                                • 235
                                                #62
                                                I love how tough everyone is and how strict they are when the dui involves someone they don't know.

                                                As soon as the situation involves their sister or brother or father or mother or son or daughter or girlfriend or wife or husband or boyfriend, then they have all these reasons why the dui charge is bs. They claim that the situation is different when it is someone they know and love who is caught driving under the influence. The ultimate is when the moron who drinks and drives like a maniac all the time and jumps in a thread like this and professes his/her outrage for someone charged with dui.

                                                What a total crock.

                                                  Comment

                                                  • RyuLion
                                                    ClubDomCash.com
                                                    • Mar 2003
                                                    • 32371
                                                    #63
                                                    Originally posted by baddog
                                                    why is that? is she not a responsible adult?
                                                    You tell them doug..

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                                                      • mikesouth
                                                        Confirmed User
                                                        • Jun 2003
                                                        • 6337
                                                        #64
                                                        Originally posted by baddog
                                                        You lost me . . . she got a DUI . . . how is that a civil matter?
                                                        Ger DUI is a criminal case any claim she may have against the bar for serving her is a civil case.

                                                        IE the bar serving her will not exonerate her from criminal charges but she may sue the bar and the bartender in civil court using the premise that they were negligent when they kept serving her.
                                                        Mike South

                                                        It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

                                                          Comment

                                                          • Mr Pheer
                                                            So Fucking Banned
                                                            • Dec 2002
                                                            • 22082
                                                            #65
                                                            if I ever catch a drunk driver on the side of the road, I'm going to rip this titanium plate out of leg... and beat them to death with it.

                                                              Comment

                                                              • budz
                                                                Disruptive Innovator
                                                                • Sep 2003
                                                                • 4230
                                                                #66
                                                                Originally posted by Mr Pheer
                                                                if I ever catch a drunk driver on the side of the road, I'm going to rip this titanium plate out of leg... and beat them to death with it.
                                                                LOL

                                                                it wont be me

                                                                I don't drive after drinking anything

                                                                u have a titanium plate in your leg? :-x
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                                                                  • budz
                                                                    Disruptive Innovator
                                                                    • Sep 2003
                                                                    • 4230
                                                                    #67
                                                                    Originally posted by NE0MAVEN
                                                                    I love how tough everyone is and how strict they are when the dui involves someone they don't know.

                                                                    As soon as the situation involves their sister or brother or father or mother or son or daughter or girlfriend or wife or husband or boyfriend, then they have all these reasons why the dui charge is bs. They claim that the situation is different when it is someone they know and love who is caught driving under the influence. The ultimate is when the moron who drinks and drives like a maniac all the time and jumps in a thread like this and professes his/her outrage for someone charged with dui.

                                                                    What a total crock.
                                                                    Yeah.. no doubt.

                                                                    However, I do want them to be strict in this case..

                                                                    Maybe just maybe she will learn a lesson.

                                                                    I didn't mention this is her 4'th DUI...
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                                                                      • Gerco
                                                                        Confirmed User
                                                                        • Nov 2005
                                                                        • 2052
                                                                        #68
                                                                        Ohio= your fucked. Why people even play this stupid shit game of drinking and driving is beyond me.

                                                                        My wife was a bartender, from 21-27 she's a tiny thing only about 5-2 tops size 0-1 and had no record of any kind. left work and got picked up over the limit (This was when she was 21 so 6 years ago now) We all know how it is, cute bartender, having fun at work, people are always buy shots, she's young and trying to make customer happy yada yada... point is this is not uncommon at all.

                                                                        She had her license taken away for 6 YEARS. Received a FELONY and had to attend 6 months worth of Alcohol abuse classes... All on a first offense. Ever try to get a job with a felony record? etc, Basically, that one night has fucked her for the rest of her life. Think about it, what if she wants to go on a field trip with our new daughter, Not with a felony record.

                                                                        Her stance on it all? She believes 100% that it was her fault. She even thanked the cops after it was all said and done, cause they might have saved her or someone else's life that night. In the classes (which she just finished about 6 months ago) She was the only one who took any responsibility for their actions. Every other fucking person there had some excuse, was only pissed they got busted, or like your friend tried to blame it all ion the bar or their friends or whatever, most where 3-4 time offenders, and 2 had over 10 offense...
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                                                                          • budz
                                                                            Disruptive Innovator
                                                                            • Sep 2003
                                                                            • 4230
                                                                            #69
                                                                            Originally posted by Gerco
                                                                            or like your friend tried to blame it all ion the bar or their friends or whatever
                                                                            She takes full responsibility for her actions.

                                                                            I was just wondering about the liability if any..

                                                                            Yes, I think it's fucked up that she drank then drove.

                                                                            I also think it's fucked up that they would serve her for 5 hours then let her drive...


                                                                            and how do u get a felony for your first dui ? That's bananas!
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                                                                              • Gerco
                                                                                Confirmed User
                                                                                • Nov 2005
                                                                                • 2052
                                                                                #70
                                                                                "I also think it's fucked up that they would serve her for 5 hours then let her drive..."

                                                                                I'm glad that you think it's the rest of the fucking worlds responsibility to babysit your friend whenever she goes out in public since she is CLEARLY not able to take care of herself. What a crock of shit.

                                                                                You said in a thread further up that this was also her 4th fucking DUI? WTF dude. Maybe she should not be any ANY bar anywhere, for any amount of time in the first place. You want to blame the bar? Where are her friends in all this that where buying her these drinks? Was she there all alone for 5 hours sitting in a corner not talking to anyone just slamming back the double shots? Maybe the bartender just laid her back on the bar and just poured the shit down her. Really, I hope she does time for this. 1 time, opps. 4th fucking time. see ya.
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                                                                                  • selena
                                                                                    Confirmed User
                                                                                    • Aug 2004
                                                                                    • 7995
                                                                                    #71
                                                                                    Originally posted by budz
                                                                                    I didn't mention this is her 4'th DUI...


                                                                                    With all due respect, somehow that doesn't quite jive with accepting responsibility for her actions in my mind.
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                                                                                      • juz
                                                                                        Confirmed User
                                                                                        • May 2006
                                                                                        • 307
                                                                                        #72
                                                                                        Originally posted by Lycanthrope

                                                                                        The lack of personal responsibility and growing sense of entitlement in this country is getting sickening.


                                                                                        amen brother!

                                                                                        It's a shame people like this girl don't die in these accidents, the world would be a much better place, think of it a modern form of Darwinism.
                                                                                        Seriously how can one not realize that if they drink for 5 hours straight you shouldn't be driving.

                                                                                        As for the liability issue with the bar, that will be a civil suit that will take place after the criminal trial. So if she is found guilty for DUI her only recourse towards them would be to try and get the bar to pay for any damages she caused, but she will still be found guilty and it will be on her criminal record and she is still a piece of shit.

                                                                                        It might be obvious but I have no sympathy for drunk drivers, one of the most selfish crimes there is... "Oh Im sorry I ran into your XXXXX and killed XXXX, I was at a bar drinking all night"

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                                                                                          • Jack_Daniels
                                                                                            Confirmed User
                                                                                            • Jan 2006
                                                                                            • 161
                                                                                            #73
                                                                                            Originally posted by Gerco
                                                                                            Ohio= your fucked. Why people even play this stupid shit game of drinking and driving is beyond me.

                                                                                            My wife was a bartender, from 21-27 she's a tiny thing only about 5-2 tops size 0-1 and had no record of any kind. left work and got picked up over the limit (This was when she was 21 so 6 years ago now) We all know how it is, cute bartender, having fun at work, people are always buy shots, she's young and trying to make customer happy yada yada... point is this is not uncommon at all.

                                                                                            She had her license taken away for 6 YEARS. Received a FELONY and had to attend 6 months worth of Alcohol abuse classes... All on a first offense. Ever try to get a job with a felony record? etc, Basically, that one night has fucked her for the rest of her life. Think about it, what if she wants to go on a field trip with our new daughter, Not with a felony record.

                                                                                            Her stance on it all? She believes 100% that it was her fault. She even thanked the cops after it was all said and done, cause they might have saved her or someone else's life that night. In the classes (which she just finished about 6 months ago) She was the only one who took any responsibility for their actions. Every other fucking person there had some excuse, was only pissed they got busted, or like your friend tried to blame it all ion the bar or their friends or whatever, most where 3-4 time offenders, and 2 had over 10 offense...
                                                                                            Wait a minute.


                                                                                            She was convicted of a felony and had her license taken away for six years, on a first offense?

                                                                                            What did she do run over a nun or something?


                                                                                            What's more, you're telling us that this happened six years ago but that she only just 6 months ago graduated from drunk driving school?

                                                                                            Huh????


                                                                                            You might want to refine your story a bit before you tell it to anyone else
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                                                                                              • Gerco
                                                                                                Confirmed User
                                                                                                • Nov 2005
                                                                                                • 2052
                                                                                                #74
                                                                                                Originally posted by Jack_Daniels
                                                                                                Wait a minute.


                                                                                                She was convicted of a felony and had her license taken away for six years, on a first offense?

                                                                                                What did she do run over a nun or something?


                                                                                                What's more, you're telling us that this happened six years ago but that she only just 6 months ago graduated from drunk driving school?

                                                                                                Huh????


                                                                                                You might want to refine your story a bit before you tell it to anyone else

                                                                                                No, no need to refine it at all, that's it. Not only did she not hit anything she actually pulled HERSELF over, and the cop pulled in behind her PARKED car. Yes, she had driven,(about 1 block from the club) But you can still get the DUI for sitting in a parked car with the keys in the ignition cause your in control of the car or something like that. (Plus she was the only one in the car and the car had obviously DRIVEN there. Yes, all this on a FIRST offense. And the main reason for not finishing the 6 months was more over a fuckup on the paperwork, she got the DUI in Ohio, but lived in Kentucky. They sent her to a drug alcohol treatment in Ohio called the talbert house, (3 nights) after which they said everything was fine and she was done. It was only until she went to actually get her KY drivers license back, that she found out that Kentucky did not honor the stay at the Ohio place and required her to then take the 1 night a week for 6 months class (6 years after the fact) even though it had been her first offense, and even though she had had no more issues since.

                                                                                                Funny thing is, she doesn't even really drink. In the almost 2 years we have been together I think I have seen her have a total of maybe 4 drinks.
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                                                                                                  • Jack_Daniels
                                                                                                    Confirmed User
                                                                                                    • Jan 2006
                                                                                                    • 161
                                                                                                    #75
                                                                                                    Originally posted by Gerco
                                                                                                    No, no need to refine it at all, that's it. Not only did she not hit anything she actually pulled HERSELF over, and the cop pulled in behind her PARKED car.
                                                                                                    Given those circumstances anybody with a law degree should have gotten that shit pleaded down to something less. I take it then that she pleaded guilty without representation, right?

                                                                                                    Six years for a first offense is still pretty damn hard to believe.


                                                                                                    Originally posted by Gerco
                                                                                                    They sent her to a drug alcohol treatment in Ohio called the talbert house, (3 nights) after which they said everything was fine and she was done. It was only until she went to actually get her KY drivers license back, that she found out that Kentucky did not honor the stay at the Ohio place and required her to then take the 1 night a week for 6 months class (6 years after the fact) even though it had been her first offense, and even though she had had no more issues since.
                                                                                                    That's clearly overkill given her circumstances especially.


                                                                                                    I've read BTW that some of those state sanctioned alcohol schools are "faith based" meaning that they won't graduate you until you've convinced them that you've "let Jesus in your life".

                                                                                                    Scary shit.
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                                                                                                      • Jack_Daniels
                                                                                                        Confirmed User
                                                                                                        • Jan 2006
                                                                                                        • 161
                                                                                                        #76
                                                                                                        Originally posted by budz
                                                                                                        I didn't mention this is her 4'th DUI...
                                                                                                        And you still want to blame this on the bartender?
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                                                                                                          • Gerco
                                                                                                            Confirmed User
                                                                                                            • Nov 2005
                                                                                                            • 2052
                                                                                                            #77
                                                                                                            Originally posted by Jack_Daniels
                                                                                                            Given those circumstances anybody with a law degree should have gotten that shit pleaded down to something less. I take it then that she pleaded guilty without representation, right?

                                                                                                            Six years for a first offense is still pretty damn hard to believe.




                                                                                                            That's clearly overkill given her circumstances especially.


                                                                                                            I've read BTW that some of those state sanctioned alcohol schools are "faith based" meaning that they won't graduate you until you've convinced them that you've "let Jesus in your life".

                                                                                                            Scary shit.
                                                                                                            No, she had a lawyer, but it was some family friend.. I believe that any attorney worth a shit could have done a much better job. But as it stands now, there's not a lot you can do to change the past. We have even contacted a few attorneys to see about getting it corrected, as the sentence CLEARLY does not fit the crime nor the circumstances, and even does not fit within the guidelines, normally you would have to kill or seriously hurt someone in a drunk driving for it to be pushed into felony, or be on the 4th... Guess the judge was just pissed off that day and wanted to try and make an example.
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