Litigating and prosecuting the dram shop and alcohol over-service case is notoriously difficult. This presentation discusses practical strategies for the attorney handling such a case.
Test Identification Parade & Dying Declaration.pptx
Handling the Dram Shop & Alcohol Overservice Case
1. PRACTICAL STRATEGIES FOR THE
ATTORNEY HANDLING A DRAM SHOP
CASE
Edward K. Le, Esq.
Edward K. Le, PLLC
135 Park Ave N.
Renton, Wa 98057
425 336-2255
www.edwardkle.com
edward@edwardkle.com
Edward K. Le / www.edwardkle,com
6. • Go to the bar and ask around
• Talk to the bartender about incident
• “Stake out” bar for week to know regulars
who come there as local “watering hole.”
• Identify bar patrons who was there.
• Document patterns and practices of alcohol
service
• Contact the defendant to get a statement
• Record & document all witness interviewsEdward K. Le / www.edwardkle,com
17. What Should the Bar or Tavern Employee Detected
That Law Enforcement Later Detected?Edward K. Le / www.edwardkle,com
18. 5. Serve FOIA
Requests on
Wash Liquor
Control Board
& Local Law
Enforcement
Edward K. Le / www.edwardkle,com
19. Obtain History of Complaints and Citations About the Bar
Edward K. Le / www.edwardkle,com
20. Seek the CAD
[Criminal Activity
Details] Reports for
Alcohol Related
Offenses or Criminal
Incidents
Geographically
Surrounding the
Area Where Bar is
Located.
Edward K. Le / www.edwardkle,com
21. Send Out FOIA Requests
to Local Law
Enforcement to Obtain
Police Reports from
Prior Disturbances and
Incidents at the bar.
Edward K. Le / www.edwardkle,com
22. 7. Conduct a
Visit to the
Establishment
Edward K. Le / www.edwardkle,com
23. Is Their Action Consistent With What They Preach?
Edward K. Le / www.edwardkle,com
37. DID BAR EMPLOYEE COMPLY WITH WHAT THEY ARE TAUGHT?
Edward K. Le / www.edwardkle,com
38. DID THEY FOLLOW BEST PRACTICES?
Edward K. Le / www.edwardkle,com
39. DEVELOP RULES OF THE ROADS
• A BAR SHOULD NEVER NEEDLESSLY ENDANGER THE
PUBLIC BY ALLOWING DRUNK PATRONS TO DRIVE
• A BAR SHOULD NEVER SERVE MORE ALCOHOL TO AN
ALREADY INTOXICATED PATRON WHO MAY DRIVE
• IF THERE ARE INDUSTRY PRACTICES AND
PROCEDURES TO SPOT AND RECOGNIZE DRUNK
PATRONS, THE BAR SHOULD ADOPT SUCH PRACTICES
• IF THERE ARE RECOGNIZED TRAINING PRACTICES TO
ALLOW A BAR EMPLOYEE TO DETECT POTENTIALLY
INTOXICATED PATRONS, THE BAR SHOULD PROVIDE
SUCH TRAINING
Edward K. Le / www.edwardkle,com