Drunk Driving Case Studies Samples For Students

Facts

On the evening of May 18 1985, the defendant and his friend Peter Maskorich were drinking. They left the bar at around midnight. In the early morning hours, the defendant and Maskorich wound up racing the defendant’s boat in Sacramento River. There were no floatation devices in the boat. At 3am, Gary Bingham heard noise and he went outside and saw a boat with two people inside at the bend in the river. Rodney and Susan Logan who were fishing also saw an aluminium boat with two men in it. The boat had no running lights and it was ...

A. People v. Watson
B. 30 Cal. 3d 290, 637 P.2d 279, 179 Cal. Rptr. 43 (1981).
C. Decision &Year Decided
In the year 1981, the California Supreme Court rendered a verdict convicting the defendant of secondary murder on the conduct of causing a fatal accident as a result of reckless driving. The court found rationality in concluding that the defendant’s behavior was deliberate and unprovoked, and he consciously disregarded human life. However, it can be argued that the court failed to define exactly when the conduct of an intoxicated driver can be regarded as an implied malevolence. ...

Abstract

Intoxication is being in a state of alcoholic or narcotic intoxication. The government is increasingly sensitive to the cases of operating a vehicle while intoxicated, explaining that the drunk driver is endangering both for their life, health and property, and other road users. However, as practice shows, the number of the detained drunk drivers increases dramatically around the holidays.
If the circumstances of the crime are clear, and in a short time collected all the necessary evidence, the Prosecutor may apply to the court to hear the case under expedited proceedings. Basically, criminal cases associated with DUI are dealt ...

Sheila Renee White MAYO v. HYATT CORPORATION

898 F.2d 47 (April 10, 1990)

Facts: On February 20, 1987 Jack Mayo, Jr. died. His death was the result of complications pertaining to a fractured skull he suffered three days earlier on February 17 falling down the stairs of the Hyatt Regency Hotel in New Orleans, where he had been staying. Prior to the fall, Mayo had been drinking heavily off the hotel’s premises. Toxicology reports later confirmed that not only at the time of his fall was Mayo’s blood alcohol content over three times the legal limit but also that he had taken a significant ...

Business Commerce Law

Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction.
Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning:
Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. The plaintiff ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity.
For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff.
Slander ...

The adverse effects of indulgence in alcohol are well known and documented. Notably, the effects range from affecting the health of an individual to the well-being of a nation (Drugfreeworld.org, 2016). Uncontrolled consumption of alcohol costs the nation a lot of money in treating the sick individuals and managing the adverse social impacts of alcohol. On a personal level, alcohol affects the brain, heart, pancreas, liver and the immune system of an individual. The numbers of road carnages caused by drunk driving are on the rise, and they result in deaths and disabilities. Similarly, alcohol consumption is attributed to ...

Introduction

Every lawyer can prove that modern justice system is not perfect. There are such cases that can be tried for months and even years. When such a case appears, a judge might find it difficult to sentence a defendant. This case study is devoted to a thorough analysis of one of such cases – the case State of New Jersey vs. Sonney Pelham. The essay will be divided into several parts. The first part will contain a brief case descriprtion.The second part –mens rea – will be devoted to the issue of innocence of the defendant. The third part – actus reus- will be dedicated to the ...

Facts

The defendant Landri consumed alcoholic drinks in a party organized by his employer Marriott International. The employee drove safely to his residence but was involved in a ``tragic accident” that resulted to the death of Dr. Purton.
The plaintiff’s family sued the company demanding that he is responsible for the harm caused by Landri his employee. The company argued that it was not liable because Landri committed the accident after arriving at his residence and sought for summary judgment. The trial court ruled against Purton’s family and they appealed to the appellate court.
The appellate court ruled ...

Abstract

Rape in the United States military has historically been viewed as a myth that did not need to be addressed. This way of thinking is the result of the viewpoints of a rape culture. These viewpoints work to legitimize the violence to remove all blame from the attacker, which makes the violence strategic and intentional. It has been noted the main reason intra-military is underreported is, the fact the attacker usually holds a higher level of superiority. This reality results in, the victim needing to report the event with their attacker.
It has been reported by the Marine Corps, ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee.
No. 89-3576Summary Calendar.

Background Information
The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

Facts

The defendants, Barry and Roy Krall, met the victim, George Stafford, during the winter in a bar. In the course of their meeting, the defendants realized that Stafford was intoxicated and had lots of money. Unluckily, Stafford asked the defendants who had already put a plan of robbing him, to give him a ride. They boarded Kibbe’s car and drove off towards Canandaigua. While Krall was driving, Kibbe was busy roughing Stafford up. Kibbe slapped Stafford severally with the aim of getting all the money he had. In order to make sure he had no additional money with him, Kibbe asked ...