In Most Cases, Servers Of Drunk Drivers Should Not Be Prosectued
I am sorry to those of you who have lost someone to drunk driving. It is probably one of the most unnecessary, sad and frustrating ways to lose someone, whether they were the ones that were drunk or whether they were hit by someone who was. I have no problem with drunk drivers being prosecuted, I do, however, find that prosecuting the server, in most cases, to be a serious overreach and abuse of justice.
Prosecuting the servers seems to be the most ridiculous "money grab" available to survivors of drunk driving accidents. To expect a server to gauge a persons ability to drink is asking way to much. I don't think ANYONE, short of a medical professional that has you hooked up to some type of alcohol monitoring IV , has the capability to judge when a person has had too much. Let's also keep in mind that it takes a while for alcohol to "catch up" with a person. A person could be perfectly lucid but have enough alcohol in their body just waiting to take effect.
There is also a matter of the drinkers intent. Is it the servers responsibility to find out if the drinker already has a ride? What if they say they have a ride and don't?
If a bar is putting people in a spinning chair and pouring alcohol down a drunk person's throat, I agree there might a need for this type of prosecution. Other than a HUGELY flagrant example such as that, servers should not be held responsible.
I know that people who have been drinking can't make the best decisions, but to expect someone else to read that persons ability to function is asking too much. And when a case like this goes to a jury, how is the server supposed to remember one person in a crowd? There is no way for the server to come out looking they were monitoring the situation; this is a prosecutors dream. I could go on picking this apart, but I think we have more than enough points here to consider.
I understand a family's need to strike out and punish someone for their loss, but if you lost a loved one in a drunk driving accident, it is no ones fault but the drunk drivers. Asking a jury to prosecute a server does nothing but ruin yet another persons life.
I'd love to have your opinions on this topic.