Unlawful Sale of Alcohol to an Intoxicated Person

Snowbird ski resort in Utah is facing a lawsuit for unlawful sale of alcohol to an intoxicated person following an assault at their facilities during Oktoberfest.

One too many

Photo by: LenDog64

Photo by: LenDog64

The lawsuit stems from an incident during Oktoberfest last year when a few loud, obnoxious party-goers had consumed more than their share of beer. While boarding a tram up the mountain, a South Ogden couple and their adult son politely asked the drunken group to control their language in the presence of children, and instead they became victims of a physical attack. Besides an injured ankle, most of the injuries were due to repeated blows to the head of both the father and his 24 year old son. Although the assailants have been charged with the assault, the injured family believes that because the ski resort engaged in unlawful sale of alcohol to an intoxicated person, they should also be held accountable for the attack.

Facilities responsibility for alcohol sales

According to Utah Code 32B-4-404, “A person may not sell, offer for sale, or furnish an alcoholic product to: a person who is actually or apparently intoxicated; or a person whom the person furnishing the alcoholic product knows or should know from the circumstances is actually or apparently intoxicated.” 32B-2-201 adds that the person [or business] responsible for unlawful sale of alcohol to intoxicated persons is liable for “any and all injury and damage, except punitive, to a third person.”

Oktoberfest = Beer…and lots of it

Nearly all states have rules regarding unlawful sale of alcohol to an intoxicated person. Oktoberfest however, the German festival centered almost entirely on beer, continues to be a popular celebration in several cities across the nation. With this celebration known for its beer, it can be assumed that those attending will undoubtedly be consuming alcoholic beverages, and lots of it. Therefore, most visitors to Oktoberfest would be “know[n] from the circumstances [to be] apparently intoxicated. “ Even with this knowledge, licenses continue to be issued each year to those facilities hosting Oktoberfest. As long as these festivals are permitted, business owners shouldn’t be held accountable for the actions of a few of their drunken patrons, and those attending should expect a certain level of intoxication from the crowd. Contact an experienced attorney for more information on unlawful sale of alcohol to an intoxicated person.

Hostages of Domestic Violence in Utah

Two different cases of domestic violence in Utah within the last couple weeks have escalated to involve taking hostages and discharging firearms.

Breaking up is hard to do

Photo by: Kiran Foster

Photo by: Kiran Foster

On Saturday August 22nd, 42 year old Jenny Andrus, an English professor at the University of Utah, went to her home in Millcreek Utah to collect some of her personal belongings while her estranged husband was away. Unfortunately, her alienated hubby, 37 year old Valentin Dulla Santarromana, was there and a domestic violence incident occurred. Andrus’ friend Joi Hogue who was waiting outside the home tried to enter when she heard the commotion and was shot by Santarromana several times, even as she tried to flee. Police who were called to the house after receiving calls of domestic violence and shots fired tried for three hours to get Santarromana to release Andrus. Santarromana shot Andrus four times, including once in the eye before police were able to detain him and rescue Andrus. Andrus has made a miraculous recovery while her friend Hogue remains in critical condition.

Her daddy wasn’t the one packing heat this time

Another domestic violence incident intensified into a hostage situation early Monday morning in West Valley Utah. 23 year old Oscar Alcantara was having an argument with his girlfriend when her dad offered to drive Alcantara to his home. Apparently something happened during the commute, as it ended with shots being fired. Alcantara then took his girlfriend’s father hostage for 5 hours until police were able to negotiate with him to surrender his hostage. Fortunately in this case, no one was hurt.

Weapons not included

Photo by: Jeffrey

Photo by: Jeffrey

Not all domestic violence incidents in Utah involve taking hostages, discharging a firearm or using a weapon or any kind. Furthermore, not all domestic violence cases involve actual physical violence. The United States Department of Justice defines domestic violence as “[…] a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.” Domestic violence can include:

Assault. This can include inflicting any kind of physical injury on another being such as hitting, kicking, slapping, pulling hair, or harming with a weapon such as a knife or gun. Assault can also include not allowing someone to get medical care if needed or forcing them to consume drugs or alcohol.
Sexual abuse. Having intimate relations of any kind without the consent of the other individual is sexual abuse. Even if the two parties are married, there still needs to be consent for sexual relations.
Kidnapping. Taking a domestic partner, children, or other household member against their will.
Unlawful detention. Not allowing the other party to leave the residence, tying them up, locking them in a room, or in any way stopping them from leaving the presence of the abusing party by keeping them hostage.
Emotional abuse. This can include verbal abuse, destroying another co-inhabitant’s self-esteem with hurtful, belittling comments, making the other individual seem worthless, and anything else that harms the victim’s emotional state.
Mental abuse. Threatening to do harm, intimidating, gas lighting (making the other party feel as though they are going crazy), or isolating the victim from family, friends or places of employment.
Harassment. Harassment is any unwanted contact and can be done in person, over the phone, or by way of electronic means such as texting, emailing, and instant messaging.
Stalking. Keeping constant tabs on the whereabouts of the other party and on their activities online and on their electronic devices such as phones by installing illegal tracking software.
Economic Abuse. Causing the other person to lose their job, making them completely dependent on the abuser’s income, and/or withholding finances.

Domestic violence penalties

The penalties for domestic violence depend on the type of abuse. Domestic violence charges can range from a class C misdemeanor if all that is observed is disorderly conduct to a 1st degree felony if the domestic violence ends in premeditated homicide. Repeat offenses of domestic violence will increase the severity of the charges. While those who live together under one roof are known to quarrel from time to time, it is important to not let things escalate to the point of doing any physical, mental, or emotional harm to one another. For anyone facing charges of domestic violence, contact a criminal defense attorney.

Violation of a Restraining Order

When a judge issues a restraining order, that is a court order for a person to stay away from a specific individual and violation of a restraining order may land the restricted person in jail.

Reasons for issuing a restraining order

Photo by: Rob!

Photo by: Rob!

A restraining order, otherwise known as a protective order, is typically placed against a person who is deemed a threat to another individual. Issuing of restraining orders can stem from charges such as:

• Domestic violence
• Stalking
• Sexual assault
• Physical assault
• Harassment
• Threats
• Human trafficking
• Issues with former employees

How a restraining order works

Restraining order hearings sometimes take a while, so if an individual feels that they are in immediate danger from another person, they can have a judge issue a temporary restraining order. The temporary restraining order must be given, or served, to the restricted person in order for it to be valid. This is typically done by a member of the local police department or court system. This temporary restraining order is usually good for a couple weeks to give the individual time to get a permanent restraining order. Depending on the case; once served, the restricted person may be constrained from:

• Calling, texting, or otherwise trying to communicate with the protected individual.
• Going to the individuals home or place of employment
• Having contact with minor children
• Being within a certain amount of feet from the protected individual. This can mean that the restricted person must leave a public place such as a store if they see that the protected individual is there.

Violation of a restraining order

If the restrained person tries to contact the individual, it is considered a violation of a restraining order. Utah Code 77-36-2.4 states “A law enforcement officer shall, without a warrant, arrest an alleged perpetrator whenever there is probable cause to believe that the alleged perpetrator has violated any of the provisions of an ex parte protective order or protective order [restraining order]”. Violation of a restraining order is a class A misdemeanor. For more information on charges stemming from restraining orders, call a criminal defense attorney.