A recent Ontario decision suggests that laypersons - such as supervisors – may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings.
In a “drug...more
Leandra’s Law, also known as the Child Passenger Protection Act, is a New York State law that makes driving drunk with a child under the age of 16 an automatic felony. The bill was passed by the New York State Assembly and...more
Arizona has historically taken a zero tolerance approach to individuals consuming marijuana and driving; if you are driving a vehicle and have any trace of marijuana in your system you were prosecuted and convicted. There...more
Anyone who sustains injuries from the actions of a drunk driver must deal with the complexities of taking civil action against a person who also faces criminal charges. Since the two cases involve separate and distinct...more
A notorious drunk driving case continues to draw attention to the legal process in Florida.
Multimillionaire John Goodman was behind the wheel of his black Bentley convertible in the early morning hours of February...more
Drunk driving is an ongoing issue in many states throughout the U.S. Due to the slowed reflexes, impaired judgment and other effects that alcohol intoxication can cause, there are a significant number of motor vehicle...more
When you are arrested for a DUI, you face both an administrative suspension action from DMV and a separate criminal case. Each matter is heard independently in separate proceedings with their own sets of rules and procedures....more
On July 1st, 2010, the California legislature implemented an ignition interlock device or IID pilot program to run through December 31st, 2015. The new legislation required all individuals convicted of 1st or repeat offense...more
A fatal accident in Santa Barbara in 2012 provides ample evidence of how a case of driving under the influence (DUI) can escalate vehicular manslaughter to a second-degree murder charge. In that incident, two women...more
It would be a mistake to think that average people charged with driving under the influence (DUI) receive the same treatment as troubled actress Lindsay Lohan. Count that as a good thing, because even though it might seem as...more
Washington has a dram shop statute that states, "[n]o person shall sell liquor to any person apparently under the influence of liquor." Statutory violations are "punishable by a fine of not more than $500 as well as separate...more
The Intoxilyzer 8000’s moniker makes it sound like a futuristic robot from a big-budget science fiction thriller. In reality, the machine is a small, mobile infrared spectrometry breath-testing device used to determine if...more
‘Tis the season for office holiday parties which, unfortunately, are often fraught with labor and employment issues. A wild office party akin to a “Mad Men”-esque soirée may have unfortunate legal consequences for an employer...more
Who, What, Why . . .
Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff.
What are the legal issues: Holiday parties...more
Like festive lights and bow-wrapped luxury cars, ‘tis the season for horror stories from company holiday parties. Office holiday parties are a cherished tradition and a nice way for companies to thank their employees for a...more
We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season.
While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in...more
Your company holiday party can be added to the list of things impacted by technology. In addition to the risk of alcohol-induced harassment, injuries, or property damage, employers should be mindful that technology and mobile...more
As 2013 draws to a close, attentions turn to the festivities and merriment of the holiday season, and many employers gear up for office holiday parties. A holiday party is a great way to reward employees for a long year’s...more
As the holiday season reaches its peak, company-sponsored holiday parties, and the risks that arise with them, are ubiquitous. Each year, company-sponsored holiday parties result in incidents that prompt claims against the...more
A woman was recently killed at World Center Drive after the car she was in was rear-ended by a drunk driver. The 20-year-old drunk driver slammed into the back of the car, killing her and critically injuring the car’s driver....more
Many people have seen it happen before: you are at a bar enjoying a cold one, someone stumbles up to the bar and orders another drink, and you think, "Geez, how in the world is that person in any condition to have another...more
Law enforcement may not always be successful in bringing criminal charges against a drunk driver for an accident. However, any indication of drug or alcohol use while driving points to negligence in a civil case. A lack of...more
For the time being, Maryland remains among the states that refuse to impose liability on tavern owners for injuries caused by intoxicated patrons after they leave the premises. ...more
Did you know that in 2010 the National Highway Traffic Safety Administration reported that one person dies every 51 minutes from alcohol-impaired driving crashes; resulting in the deaths of more than 10,000 people a year and...more
Adam Rybicki, et al. v. Ashley Carlson, et al. -
Court of Appeal, Second Appellate District (May 22, 2013)-
California Civil Code section 1714 immunizes from civil liability an individual who provides alcohol to...more
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