In the Courtroom Observation, both sides articulated great facts to why their client should win the case. The Lawyers representing Mr. Edward Hard were making an attempt to persuade the judges to entitle a summary judgment, as the prosecutors were pushing for a trial by jury. With many interesting facts and an extremely odd conscience in this case, the nine judges had a difficult task to handle. Edward Hard was staring down the barrel of conviction or freedom in the court case. Choosing ones side to agree on could go either way, as both sides represented their clients perfectly. In this case though, I would agree sides with the appellant, Mrs. Deborah White. I believe that this would be the correct choice because drunk driving is no way to get revenge on any person. Mr. Edward Hard may have not remembered what he had done that night, but his ex-lover Mrs. Deborah White will never forget. This man does not deserve a summary judgment for what he has done, nor does any other drunk driver in the world. Deborah White, the Plaintiff, was Edward Hard’s fiancée at one point in time. After the two broke up, the facts state that he became more violent and a heavy drinker. Both parties were regulars at the tavern and most people knew that Edward Hurt still loved Deborah White and had a grudge against Mr. White. Over the course of the night it was stated that Edward had consumed at least eleven alcoholic beverages within a two hour span. It was reported that Edward Hard had a .20% Blood Alcohol Level at the scene of the accident. According to TAADAS “with a BAC between .20 - .25, you become confused, you usually need help doing things, even standing up. Those who drive are 50 to 100 times more likely to crash. The average alcohol-related highway death occurs at this level (8-12 drinks within 4 hours… BAC .20%)” (TAADAS). With consumption of this amount of alcohol within two hours, the bartender should have know this and not of let Mr. Hard drive away. John Daniels, the bartender, knew of the consumption of Edward Hard. John stated that Edward had fallen out of his chair clearly showing signs of intoxication. As Hard consumed his last drink at 7:43, John Daniels was reported to say that Mr. Hard was not visibly intoxicated, letting Edward Hard leave the Tavern and proceed to his vehicle. As Mr. Hard was leaving it was said that he had hit a few mailboxes and other cars while swerving all across the road. Edward Hard then began to follow the Plaintiff, Mrs. White, and her husband. Deborah noticed this behavior of Mr. hard and proceeded to call 9-1-1 stating “He is chasing us!” After the call, the White’s turned their vehicle leading to Edward Hard crashing into them, killing Mr. White. In my own opinion, I believe there are three different people to blame for this accident. First is Edward Hard, because he should not have gotten into the car and chased the couple down the street, but with so much alcohol consumption, he had no idea what he was doing. The second person to be blamed I believe is John Daniels, the bartender, who allowed Mr. Hard leave the Tavern when he clearly stated in the police report that he was drunk. And finally police officers of the Indiana town are to be blamed also. This is because knowing what is going on in the bar, there should always be a police officer in taverns and bars to look out for people who attempt to drink and drive. If there were an officer patrolling this area of the bar that night it could have possibly saved one man’s life. In the argument for the Defendant, his lawyers attempted to seek a summary judgment, “a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial” (Hill). These lawyers stated that the evidence of this trial was insufficient and that there was no visual evidence that Edward Hard was intoxicated. With this being said, I disagree because when a bartender...
References: TAADAS. (2000). Alcohol And BAC: Things You Need To Know. Retrieved from: http://www.taadas.org/factsheets/AlcoholBACFacts.htm
Hill, Gerald N., Kathleen T. (2005). The Free Dictionary: Summary Judgment. Retrieved from: http://legal-dictionary.thefreedictionary.com/Summary+Judgment
Oddi, Marcia. (2007). Ind. Law - Indiana Dram Shop act penalties for serving intoxicated patrons. Retrieved from: http://indianalawblog.com/archives/2007/05/ind_law_indiana_32.html
IgnitionInterlock. (2011). Ignition Interlock Laws and Car Breathalyzer Laws. Retrieved From: http://ignitioninterlock.com/consumer/iid-laws/
FindLaw. (2012). Underage DUI: Zero Tolerance Laws. Retrieved From: http://dui.findlaw.com/dui-laws-resources/underage-dui-zero-tolerance-laws.html.
The Bible. (ESV).
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