Dont Get Behind the Wheel if Youre not Sure How You Feel

By: Anna Jacobs, Preston McRee, Alex Duncan, and John BurchfieldDont Get Behind the Wheel if Youre not Sure How You Feelcase 1: Drinking and Driving on trial

Key FiguresDanny FoleySixteen years oldThe victim of drunk driver car crash by Paul Welby

Key figuresPaul WelbySeventeen years oldDrunken driver who injured his friend, Danny Foley

Edward WelbyIrresponsible father of Paul Welby who did not have restrictions on minors consuming alcohol.

Jean WelbyIrresponsible mother of Paul Welby who did not pay enough attention to two underage boys drinking alcohol in her home.

Key figures

Case storySixteen year old Danny Foley was normally having dinner on a Friday night at his best friends house, seventeen year old Paul Welby. Pauls dad, Edward came home from work that evening excited about a promotion and a raise at work, and brought four champagne bottles to celebrate. Edward, his wife, Jean, Paul, and Danny each opened a bottle. The two parents allowed the boys to have a glass with them. Later on, while the adults were in the kitchen, the boys slipped in a few more drinks without permission. Without remembering the boys had plans to go to a party that night, Edward and Jean walked to a nearby bar and left the keys to their car at the house. Once they were gone, the boys took the keys, and Paul, still intoxicated, started driving to the party. Soon after, Paul passed a police car going 78 mph in a 55 mph maximum, so the cop went after them. The blue lights made Paul panic and he ran right into a telepone pole, sending Danny flying out of the car. It broke Dannys spine, gave him major head injuries, and put him in a coma which he has not come out of yet. Paul had a concussion, cuts a bruises, and broken ribs and an arm. It turned out that Paul had a .14 BAC, and tis resulted in suspension of his license for 3 months and a $700 fine. Dannys parents sued the Welbys.

Affidavits and depositionsEdward Welby admits to purchasing the champagne and allowing the minors to have a drink.Edward Welby admits to allowing his son, Paul Welby, to have a few beers with him when they go fishing.Edward Welby also admits to being aware that Paul had beer sometimes at parties, but that he was never drunk.

Affidavits and depositionsJean Welby admitted to being aware that the boys had plans to attend a party that night, earlier that week.Jean Welby admits to not knowing how many glasses Paul and Danny drank because she was in the kitchen.Paul Welby admitted to drinking a beer or two while fishing with his father, Edward. He also said his father might have given some beer to a friend if they were fishing with them.Paul Welby admitted to pouring a few extra glasses of champagne for himself while his parents were out of the room.

Applicable lawsSubdivision 1: ConsumptionIt is illegal for anyone who has a license to sell alcohol to let anyone under the age of 21 drink alcohol on their property. It is illegal for anyone under the age of 21 to drink alcohol.Subdivision 2: Purchasing and ProvidingIt is illegal to sell, give, or provide alcohol to anyone under the age of 21. It is illegal for anyone under the age of 21 to buy or attempt to buy alcohol.Subdivision 4: Driving Under the Influence of a MinorIt is illegal for a minor to operate a vehicle under ANY amount of alcohol.

Berry v. EneverThe negligence caused the damage when the illegal providing of alcohol was the direct cause of the defendant drinking and the drinking was the direct cause of the damage.

Lu v. LopezAn accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible.Applicable cases

Almost every 90 seconds, a person is injured in a drunk driving crashAn average drunk driver has driven drunk 80 times before first arrestIn 2011, 9,878 people died in drunk driving crashes - one every 53 minutes50 to 75 percent of convicted drunk drivers continue to drive on a suspended licenseIn fatal crashes in 2010, the highest percentage of drunk drivers was for drivers ages 21 to 24 (34 percent), followed by ages 25 to 34 (30 percent) and 35 to 44 (25 percent)Other information

The outcome

Once we read over the case, through the story, relevant laws, other information, and affidavits and depositions, we have made the decision that Edward and Jane Welby are found GUILTY for providing and serving alcohol for two minors, one of which was not their own.

Works citedPictures:Google. Google. Matt Speers, 26 Aug. 2012. Web. 17 Mar. 2013.Google. Google. Chandler Freel, 12 Sept. 2012. Web. 17 Mar. 2013Google. Google. Chad Weems. 7 Jul. 2011. Web. 17. Mar. 2013Google. Google. Monica Harris. 18 Mar. 2012. Web. 17. Mar. 2013Other Information:http://www.madd.org/drunk-driving/about/drunk-driving-statistics.html