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Philly scored back in session on the docket today a bartender who thought she was doing the right thing is now out of a job.
Twyla DeVito says she was proud to work at The American Legion post in Shelby Ohio.
And -- -- regular who appeared slashed when she arrived for her shift.
Left the bar to get behind the wheel of his car she called the police.
Telling them this man was in no condition to drive.
Well they pulled over the guy.
And say he blew twice the legal limit on the breathalyzer.
did he -- did not exactly get a thank you for her boss.
He said I'm going to have to fire you because it's backed investments to have a bartender that we'll call the cops I stand by -- -- and and I will do it again.
So was that firing legal.
Turning now to discuss it David Wolf former prosecutor now defense attorney mark I -- -- same pedigree gentlemen welcome.
I know you tell me David -- this is lawful to boot her out for essentially was blowing.
Now Megan did you hear what Twyla said -- that when she got to work he was already hammered then she served him another.
Her legal obligation is to avoid aiding and abetting further intoxication -- that patron.
And not to become the star witness for the prosecution.
Against customers -- her own bar.
Now if she calls family she calls his wife she calls his son or daughter she calls that taxi.
Fantastic great ideas all of them but to call the police what you're doing is saying to all patrons that business.
You come here and you risk while one beer maybe I'll call the cops you have 123.
Maybe I'll call -- It's the kiss of death for the business to do that kind of thing and the barked at the bar owner was perfectly within his right.
Here and the -- always loses a car owners' side OK so but mark.
If she hadn't called the cops and the guy.
Hit and hurt somebody while drunk driving his car.
-- and her boss the bar would have been in a whole lot of trouble.
We'll of course and and I understand what -- trying to do and so there's a balancing test here on one side of the scale you have the fact.
Other minute someone is seriously injured as a result of a drunk driving crash.
Every half hour someone -- killed in this country as a result of a drunk driving crash.
Last year -- 161000.
People were killed at the hands of the drunk driver that's on one side of the scale the other side -- scale.
Well if the strong desire to sell Fuzzy -- and tequila shots.
This is a no brainer.
-- Thing is -- it -- you know he's right the stakes are so high in this country -- either way they say Ohio is one of the few states -- driving.
Rate is going up and the injuries are going up they're not paying attention apparently to these messages but.
That's the thing is if that guy -- hit somebody.
And that person who'd been hit by the drunk driver would have had the right to sue The American Legion and potentially the bartender both.
And the laws make them exposed so if you're bartender why not call the police in -- protect myself and my establishment.
-- you know most laws don't allow these dram shop laws prevent ours from being liable for these kind of -- -- Ohio it's done unless.
OK but unless you engage in further intoxication -- the patron.
When you already know he's drunk and that's precisely what happened here so if there had been a crash in this instance it's likely that the bar would have been on the -- make it but the reality of the situation.
Is doesn't do we should that point just say wound up you go you're -- -- probably -- of what legal limit.
Go ahead hurt somebody.
That's a great idea Megan maybe they should have a breathalyzer there are something -- she can tell.
If -- if -- actually isn't talked skewed because where's the line drawn I mean if somebody has a beer or two what she says you know.
-- -- -- -- -- -- All the Italian president remarked she's a professional you tell us will better -- attacks.
Anecdotally whether your hammered that a bartender who sees people drink -- every right then why did she -- David David once that David once very desperately to change the facts.
They would there was no doubt in her mind that she was impaired blood shot eyes flushed face slurred speech all the things the -- right to do you like report.
There is no question that she was hammered and gosh she was right.
Double drunk according to -- -- allies there.
But Italy and it's OK but but -- you raise a legitimate point as well which is and why did she serve him another beer let's just listen let's listen to her describe.
-- jet went down.
I came in the work.
He was already there.
Pretty much hammered he ordered a -- -- -- it doing and I started trying to slow it down.
Has serving him I called places and we have a very dark person leaving them her.
He is going to -- somewhere -- -- now police in Texas recently arrested at Texas bartender.
After it she was found to have provided a patron with a few too many drinks so could.
Is she could she be trouble for having served him those extra drinks.
Well fortunately there was no crash -- -- was injured or killed and why -- that David.
Well I got lucky for that is that -- yeah is this heat why did turn Megan got a -- Yes why -- I'll borrow words you don't have to do -- -- -- -- tonight.
Maybe it might -- -- the business I'm concerned -- she has no business doing that unless the bar owner himself gives her authorization to say.
-- -- it's a good idea and then that you would she had no business doing -- -- he has no business.
-- in these girls -- have as you're out of here you're out of your mind you have children I have children I don't I -- -- road that's why I -- what -- can happen.
Or is why you -- or someone -- I don't.
They even numbered he couldn't get it how -- you -- -- -- have believed that.
-- -- my conservative my level of intoxication you -- -- -- -- -- home but to come from the start.
Prosecution witness against your own customers that doesn't pilots did he write it don't unrealistic -- out -- about saving the lives of those people in Ohio -- please.
-- -- -- -- move for sanctions against this guy is granted if grant hit -- -- going to save this guy is the business -- -- -- -- I have got a legion.
You guys didn't get -- okay David.
And it hasn't been a lot of -- one -- we'll be right back thank you.
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