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Bar, Server Cited in Deaths (NM-Outrage of the day)
The Albuquerque Journal ^ | April 18, 2006 | Associated Press

Posted on 04/18/2006 8:20:35 AM PDT by CedarDave

An Albuquerque bar and a bartender are in trouble for selling alcohol to two intoxicated men who were killed when a drunken driver crashed into the taxi cab they were riding in.

Ray Martinez, 50, and Kenneth Martinez, 36, had been at Malarky's before calling the cab to take them home. They and cab driver Daniel Magnuson, 46, were killed when a drunken driver ran a red light and collided with the cab before dawn on Thanksgiving Day.

The Special Investigations Division of the state Department of Public Safety announced Monday it has cited Malarky's for selling to intoxicated persons under the state Liquor Control Act. Bartender Mary Lotspeich was also cited for the same offense.

Division investigators said toxicology reports show one of the two passengers in the cab had a blood-alcohol content of 0.298 percent, more than twice the standard of 0.14 percent used to support the charge of selling to an intoxicated person.

The other passenger had a blood-alcohol content of 0.12 percent, according to investigators.

The division had previously cited the Horse & Angel Tavern for over-serving Gabriel Gurule, the driver of the vehicle that crashed into the cab. Toxicology tests showed Gurule's blood-alcohol content was more than twice the legal limit of 0.08 percent. Gurule pleaded no contest in March to three counts of homicide by motor vehicle and one count of great bodily injury.

(Excerpt) Read more at abqjournal.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: New Mexico; US: Texas
KEYWORDS: 1984; drunkdriving; govwatch; libertarians
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Big brother at work. Their crime was allegedly over-serving drinks to two men who took a taxi-cab home. The taxi was hit by a drunk driver and all three in the cab were killed. I guess big brother is saying that if they hadn't been over-served they wouldn't have needed to take a cab home and wouldn't have been killed.

(The ABQ Journal is now free again though you have to watch a short advertisement before going to the article)

1 posted on 04/18/2006 8:20:36 AM PDT by CedarDave
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To: CedarDave

This is the strangest story I've heard in a long time. I'm not sure I follow the logic, much less the law.


2 posted on 04/18/2006 8:22:27 AM PDT by mlc9852
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To: mlc9852

I can see the holding the bar responsible for selling to a drunk who kills someone (although it would have to be proven) but this is obscene.


3 posted on 04/18/2006 8:24:13 AM PDT by misterrob (Teach a Liberal to think for himself and he'll vote Conservative for the rest of his life.)
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To: CedarDave

We had a local pub sued for serving to a guy who caused a death. Problem was, he was only .07 BAC when the accident happened, and the law was .10. (.08 now)

They finally got it beaten, but it broke'em


4 posted on 04/18/2006 8:31:51 AM PDT by digger48
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To: CedarDave

I don't get it.

If the guys had taken the cab because their feet hurt, would the shoe manufacturer have been sued? What possible difference does it make why they took the cab?


5 posted on 04/18/2006 8:35:12 AM PDT by Gingersnap
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To: mlc9852
I'm not sure I follow the logic, much less the law.

Forget those two things...they don't matter.

Follow the MONEY!!!

6 posted on 04/18/2006 8:38:00 AM PDT by Osage Orange (The old/liberal/socialist media is the most ruthless and destructive enemy of this country.)
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To: CedarDave

Seems to be one hell of a disconnect between cause-and-effect here.


7 posted on 04/18/2006 8:38:29 AM PDT by FormerLib ("...the past ten years in Kosovo will be replayed here in what some call Aztlan.")
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To: Gingersnap

"I don't get it."

Here's the deal.

The fine appears to have nothing to do with the fact that these people died.

The fine is simply due to the fact that the State found out that this guy was served drinks wayyyyy after he was obviously drunk, which is a violation of NM law.

The issue before us isn't about a wrongful fine in the death case, but whether the State should fine a bar who serves an obviously intoxicated person.


8 posted on 04/18/2006 8:40:27 AM PDT by TWohlford
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To: CedarDave

Backdoor prohibition. You can't outlaw booze but you can outlaw everything related to it thereby making criminals out of ordinary citizens.


9 posted on 04/18/2006 8:43:04 AM PDT by L98Fiero (I'm worth a million in prizes.)
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To: CedarDave

Wait...

So the victims (who were passengers, not drivers) were drunk, and that's why the bar that served them is getting sued?

Unreal.


10 posted on 04/18/2006 8:43:43 AM PDT by Pessimist
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To: mlc9852
The law was broken even without the crash. They were cited (by the state) for "selling to intoxicated persons".

This is not (yet) a "deep-pockets" civil suit.

11 posted on 04/18/2006 8:43:54 AM PDT by robertpaulsen
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To: CedarDave

So what's the bodily injury charge about? Injuring [failing to kill himself] in the crash?


12 posted on 04/18/2006 8:44:27 AM PDT by Froufrou
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To: CedarDave

o.o8 is twice the legal limit??? NM has a .04 DWI law?? That is only one or two beers.


13 posted on 04/18/2006 8:45:33 AM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: Froufrou

Good question. Don't think any others than those killed were injured by his actions.


14 posted on 04/18/2006 8:46:54 AM PDT by CedarDave
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To: L98Fiero; TWohlford

I just noticed the crash happened 'just before dawn.' I guess this means the clubs are open until, what 4:00? 6:00? That's got to have something to do with the problem.

As was said, that's a money issue. A greed issue. Bars staying open for the second shift?


15 posted on 04/18/2006 8:46:59 AM PDT by Froufrou
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To: CedarDave

Except maybe the cab was 'injured' as property of the owner?


16 posted on 04/18/2006 8:47:56 AM PDT by Froufrou
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To: TWohlford

Well, your explanation makes more sense than the article (though I only read what was posted and not the entire article). Maybe they should just install breathalyzers in bars.


17 posted on 04/18/2006 8:48:41 AM PDT by mlc9852
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To: CedarDave

Dont Drink and Ride in Cabs!


18 posted on 04/18/2006 8:48:48 AM PDT by woofie
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To: eastforker

The driver of the vehicle that crashed into the cab had more than twice the legal limit of 0.08, i.e. greater than 0.16 BAC.


19 posted on 04/18/2006 8:49:36 AM PDT by CedarDave
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To: CedarDave
The Special Investigations Division of the state Department of Public Safety announced Monday it has cited Malarky's for selling to intoxicated persons under the state Liquor Control Act. Bartender Mary Lotspeich was also cited for the same offense.

I fail to see where the bar or bartender is being held responsible for the crash. They are being held responsible for serving alcoholic beverages to two individuals who, under applicable law, shouldn't have been served.

20 posted on 04/18/2006 8:51:46 AM PDT by pgyanke (Christ has a tolerance for sinners; liberals have a tolerance for sin.)
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