State v. L.E.
Dismissal
State v. L.E.
Travis County #9/ Serving to an Intoxicated Person
4/23/24
Mid Trial Dismissal! Client worked for a bar on Super Bowl Sunday. One of her regulars came in and drank 5 34 ounce beers and a shot of fireball over a 9 hours span. The client tried to get the regular a ride home, but she insisted on driving. The regular was involved in an accident and died shortly after leaving the bar. TABC found various receipts in the regular’s pocket. The bar settled with the family of the regular in the civil case, but the DAs still wanted to make an example out of the poor bartender. I cross the corporate manager of the restaurant chain and the TABC officer. After the cross of the TABC officer the DAs did the right thing and dismissed the case. The jury said they were all coming back Not Guilty anyways. The client didn’t violate any TABC laws by serving more that 2 drinks at a time. The regular never showed any signs of intoxication. It was a tragic accident, but it was not a crime for the bartender to serve the regular that amount, over that time, with food and at her body weight.