State v. L.E

Protecting the bartenders!  Client/bartender was charged with a class A misdemeanor (1 year jail and $500) for over serving a regular who chose to drive home and was involved in a deadly accident. Over nine hours, on Superbowl Sunday, our client served the Regular five 34oz beers and a fireball shot. No TABC violation of serving more than 2 drinks at a time. Regular ate wings, salad, and bottomless queso. The bar was legally allowed to serve these big beers.  Our client and her friend both tried to offer the regular a ride home. Regular looked and sounded normal, but insisted on driving. The regular had a terrible accident and TABC found the receipts in the regular’s pocket. Our client loved this regular. Was her friend. TABC tried to come after the bartender for serving even after the establishment settled the civil case. The TABC officer was overzealous and kept trying to violate the motion in limine by telling the jury  it was a fatality accident involved. State finally did the right thing and dismissed the case at the close of their evidence. We were resting anyways. Jury said they were all going Not Guilty.  Judge was very fair and it was nice being back in Travis County courts. Best of all, it was great trying a case with my law school compadre, friend and co-counsel: James R. Gill.  Honored to protect the service industry for doing their job.