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Albuquerque, NM

Lawsuit targets downtown bars for fatal DWI

A Maloney's representative stands outside the downtown bar. The tavern maintains it is not responsible for the DWI crash.

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shirley6
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#1
Jul 1, 2008
 

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Proving they served him when he was laoded is gonna be tough!

The defense simply has to suggest that he had a bottle in the car and got hammered after having a few in the bar...how ya gonna prove otherwise?
Jon
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#2
Jul 1, 2008
 

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So isn't the person behind the wheel at fault? Why do we go after everyone else except the person who actually commited the crime. It's time for people to take some responsibility for themselves. Noboby forced this idiot to get drunk and drive. It was his choice, a bad choice none the less he needs to face the consequences for his actions...
EddietheP
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#3
Jul 1, 2008
 

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Yup...a shiny toothed lawyer looking for a buck!

The bars didn't serve a drunk client/patron...he got drunk on his own elsewhere..."Look, we got the trainig certificates to prove we don;t do that!"

Joined: Jun 6, 2008
Comments: 3
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#5
Jul 1, 2008
 

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What happended to personal responsibility!!!

I hope all the bars pact togeather and stand their ground...

“High Plains Drifter”

Joined: Apr 3, 2008
Comments: 6580
Lovington/Hobbs
ISP Location: United States
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#6
Jul 1, 2008
 

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bars should be more responsible to whom they serve...its about time ABQ caught up with the rest of the country on this subject...
Jack
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#7
Jul 1, 2008
 

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Bars getting sued, cars getting confiscated.....this is turning into some sort of police state.
Wally
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#8
Jul 1, 2008
 

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Its not about who is responsible. Its not about the law. Its about the lawyers padding their own wallets, so they go after the deepest pockets.
twty
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#9
Jul 1, 2008
 

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When I drive in the downtown area, all there is, is bars. Whom ever allowed all those bars downtown, should be accountable for all the drunks out there and innocent people getting hurt or killed. TOO MANY BARS DOWNTOWN IN ONE PLACE AND TOO MANY FOOLS DRIVING AND DRINKING AND THE FOOLS THAT ALLOWED ALL DOWNTOWN TO BE A BAR PLACE!!!!

“High Plains Drifter”

Joined: Apr 3, 2008
Comments: 6580
Lovington/Hobbs
ISP Location: United States
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#10
Jul 1, 2008
 

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the owners should be sued, and the bartenders should do jail time for aiding and participating in manslaughter...they are just as guilty as the drunk driver in a fatal accident..ABQ is only 10 years or so behind the rest of the nation realizing this..
Sophie
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#11
Jul 1, 2008
 
EddietheP wrote:
Yup...a shiny toothed lawyer looking for a buck!
The bars didn't serve a drunk client/patron...he got drunk on his own elsewhere..."Look, we got the trainig certificates to prove we don;t do that!"
All those certificates prove is that you showed up at a TABC class so you can sell/serve alcohol.
Whew
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#15
Jul 1, 2008
 

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Why blame the bars for serving drinks he is ouer 21 years of age or is he big dummy then he should not be in a bar in the first place.that is so ridiculous to blame the bar they do not force you to come in. these lawyers are filling thier pockets very well.
CornDog
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#16
Jul 1, 2008
 
twty wrote:
When I drive in the downtown area, all there is, is bars. Whom ever allowed all those bars downtown, should be accountable for all the drunks out there and innocent people getting hurt or killed. TOO MANY BARS DOWNTOWN IN ONE PLACE AND TOO MANY FOOLS DRIVING AND DRINKING AND THE FOOLS THAT ALLOWED ALL DOWNTOWN TO BE A BAR PLACE!!!!
You can thank Mayor Martyr mostly and his Downtown Action Team for the current bar scenario. In order to revitalize, every venue must have bars in seems. And if the results are too slow, MORE bars!

“www.eviltodd.com”

Joined: Dec 5, 2007
Comments: 1950
albuquerque
ISP Location: Stanton, CA
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#17
Jul 1, 2008
 

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People, it is the LAW that a bar is NOT allowed to serve an intoxicated person. There is no denying that or getting around it. Technically a bar can not serve you more than roughly 2 drinks per hour and probably a maximum of about 5 or 6. Simply because at that rate and/or quantity you are at or above legally intoxicated.

Someone asked "what about personal responsibility". Well, why not apply that to the bar as well. It is THEIR PERSONAL RESPONSIBILITY to NOT serve an intoxicated person.

Also, when you are intoxicated, your reasoning is diminished and therefore you can not make rational decissions. It is then up to the server to step in and cut you off. If you don't like it, then don't go to a bar. Stay home and get hammered, BUT DO NOT DRIVE!

And to add to the "personal responsibility" carp. This attorney is not going after the bar to get his client off. He will still get the duece but the bar will be in trouble TOO.

So keep b!tching about it, but there's really no use. The law is written appropriately and it is the bar's fault for over serving, if they did.

Now please instead of just giving me stupid little "clueless" icons, try talking with me and proving me wrong. If you can.
MichaelMichael
AOL
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#18
Jul 1, 2008
 
If drunks can't take responsibly for their actions then why should bar owners be blamed!
CallousOneToo
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#19
Jul 1, 2008
 

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Jon wrote:
So isn't the person behind the wheel at fault? Why do we go after everyone else except the person who actually commited the crime. It's time for people to take some responsibility for themselves. Noboby forced this idiot to get drunk and drive. It was his choice, a bad choice none the less he needs to face the consequences for his actions...
Though I don't know the facts, I'm gonna take a WAG and say that these people are going after the businesses because the businesses have insurance and other resources that have some sort of monetary value. The perp probably doesn't.
TBS
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#20
Jul 1, 2008
 
When are people going to start being responsible for their own actions??

“www.eviltodd.com”

Joined: Dec 5, 2007
Comments: 1950
albuquerque
ISP Location: Stanton, CA
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#21
Jul 1, 2008
 

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MichaelMichael wrote:
If drunks can't take responsibly for their actions then why should bar owners be blamed!
Because it's the law.
CallousOneToo
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#22
Jul 1, 2008
 
Daniel in Hobbs wrote:
bars should be more responsible to whom they serve...its about time ABQ caught up with the rest of the country on this subject...
People in general should be more responsible when going out to party that involves drinking.

For someone that's a conservative your comment sounds more like it's coming from a liberal.
CornDog
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#23
Jul 1, 2008
 

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evil todd wrote:
People, it is the LAW that a bar is NOT allowed to serve an intoxicated person. There is no denying that or getting around it. Technically a bar can not serve you more than roughly 2 drinks per hour and probably a maximum of about 5 or 6. Simply because at that rate and/or quantity you are at or above legally intoxicated.
That's extremely hard to regulate given a barroom full of customers.

If it has to be, then better to install breathalysers at the bar and have the patron blow into the device in the presence of a bar employee.
ugottabkidding
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#26
Jul 1, 2008
 
the solution would be hand the keys over when entering the bar- to get them back take a breathalyzer
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