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 ...
With the object being to shut down every independently-operated bar and restaurant in the nation.
Elizabeth Dole, Secretary of Transportation under Ronald Reagan (the original seatbelt and airbag Nazi
Bill Clinton (institutionalized using federal highway funds to force states to adopt increasingly intrusive and draconian DWI laws)
Bill Richardson (current Governor of NM and POTUS aspirant)
Jan Goodwin (Secretary of NM Tax & Revenue)
Kari Brandenburg (Bernalillo County District Attorney)
Bernalillo County Sheriff Darren White (Consummate Boy Scout and moral crusader)
Martin (Marteen) Chavez (aka Little Caesar), Mayor, City of Albuquerque
Albuquerque Police Chief Ray Schultz
Carrie Nation (founder of the alcohol prohibition movement in the US and certifiable nutball)
I would post a picture of Candace Lightner, founder of MADD (who subsequently abandoned the organization because of its prohitibionist slant, but I can't find one)
And finally, Robert Wood Johnson (whose hard-won fortune funds every sort of lifestyle Nazi on this planet)
That's because they have a meeting of the minds on this particular subject. The liberals like the control aspect, the conservatives like the moral aspect, and both like the revenue opportunities.
They never meant it.
That's correct. The new state position is that they still want you to buy alcohol, they just don't want you to consume or transport it.
Agreed, except that IMO one hell of a lot of conservatives like the control aspect too.
I agree with that also, one needs go only as far as looking around here to see that.
"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."
The lesson? Don't ever put too much money into a bar, either as an owner or as a customer.
BASSET training drills this into everyone who serves alcoholic liquors.
I don't necessarily agree with it, but it is the law.
L
Thanks for covering my six!
That won't stop a cunning juror.
I will reserve comment except to say that was probably the saddest Thanksgiving Day of my life. I did all three death notifications before sunrise.
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