A drinking and driving incident that destroyed the friendship of two teenage boys and their families. Olivia Butler Alex McArdle Donald Sullivan Powers 2 nd Period

 Alcohol is currently the most commonly used drug in the world.  Most U.S. adults consume alcohol moderately (1-2 drinks per day), but many develop a serious addiction.  Light consumption of alcohol causes slurred speech, dizziness, nausea, and impaired vision.  Excess intake of alcohol can lead to loss of consciousness, coma, or even death.  Additional mental health issues occur with prolonged abuse, which can cause relationship issues, lack of motivation, and decreased productivity.

 The standard measurement of the concentration of alcohol in one’s bloodstream.  National maximum standard is.08%  Two drinks will usually yield a BAC of.05%.  A BAC of.30% can cause blackouts and possibly death.

The Case

 Danny Foley  16 year old High School sophomore  Friend of Paul Welby  Paul Welby  Son of Edward and Jean  Edward Welby  Father of Paul  Jean Welby  Mother of Paul

 Danny was having dinner at Paul’s house on the night of the tragedy, where his father was celebrating receiving a promotion.  Edward Welby had bought champagne to celebrate, and allowed the boys to have several glasses.  The boys had plans to attend an end-of-the-year party after dinner, and had previously received permission to go.  After dinner Edward and Jean leave for a local bar to celebrate further, leaving the family car behind.

 After the adults had left, both boys had several more glasses of champagne.  They left the house, Paul taking the champagne bottle with him, and drove to the party in the family car left by Paul’s parents.  Driving down a two-lane highway, Paul was going 78mph in a 55mph zone, and beginning to drift across the median.  A state trooper began pursuing them with his sirens on.  Both boys panicked, and the car went off the road and hit a telephone pole.  Neither wearing seatbelts, Danny was thrown from the car.

 Paul suffered a concussion and several broken bones.  Danny had broken his spine, and suffered severe head injuries, leaving him in a coma.  A blood alcohol test performed at the hospital revealed Paul to have a BAC of.14, almost double the legal limit.  Paul was fined $700 and his license was suspended for three months.  Danny remains in a coma.  Danny’s parents are currently suing the Welby’s for providing the children with alcohol.

 George Snow – Bar Owner  Confirmed that Edward and Jean were at the bar until around 11:00 p.m..  Dennis Strokes – Officer on the scene  Informed that the car had begun to swerve once he had begun pursuit. Witnessed car run into light post and a person being thrown from the car.  George Baines – M.D.  Described the extent of Danny’s injuries.  Ellen Foley – Mother of Danny  Described the pain and suffering experienced by the family.  Sharon Legros – Webster High English Teacher  Gives evidence from Danny’s school records that he couldn’t‘ have been a regular drinker.  Derek Kyle – friend of Paul  Claims he never saw Paul drink heavily or carry alcohol with him.

 Doris Winslow – neighbor to the Welbys  Claims the Welbys were upstanding citizens, and described Paul as a polite, well- behaved boy.  Neal Foley – father of Danny  Described the financial burden the family was facing.  Edward Welby – father of Paul  Confirmed that he gave alcoholic beverages to the teenagers, and admits to giving alcoholic beverages to underage children on several occasions.

 There are 5 key laws that factor into the outcome of this case…  Subdivision 1, Part 2  This law asserts that it is against the law for a person over the age of 21 to provide alcohol to anyone that is not his or her child. Because Jean and Edward Welby provided alcohol to Danny Foley, they are guilty on this charge.  Subdivision 2, Part 1  This law states that it is illegal for anyone to provide alcohol to someone under 21 years of age. Jean and Edward are guilty of this charge.  Subdivision 3  This law says that it is illegal for a minor to possess alcohol with the intent to drink it someplace besides his or her parents home. Paul Welby and Danny Foley are guilty of this  Subdivision 4, Part 1  This makes it illegal for someone under the age of 21 to operate a motor vehicle with any alcohol in his system. Paul Welby violates this law with a BAC of.14%  These laws state that is a minor causes damage or injury after consuming alcohol, the adult who provided the alcohol is guilty. If the danger could not be foreseen, however, the adult is not guilty.

 People v. Brooks  Edward Brooks hosted a keg party for teenagers. During the party, two teens were killed, and Brooks was held responsible. Example that when an adult provides alcohol to minors, the provider is held responsible.  White v. Forrest  Parents have the responsibility to control their children if they are 18 years old or younger and are able and present to do so.  Lu v. Lopez  An accident in considered foreseeable if a person with ordinary intelligence could see it was possible.  Standing v. Janicek  There may be a duty to control someone who is not your child if you have a special relationship with that person and are aware they might be in danger.

 Traffic accident that involve alcohol account for more than 16,000 deaths a year.  Crashes in motor vehicles are the leading cause of death for year olds.  Many victims of drunk driving accidents are innocent, and are killed due to others poor decisions.  All states were mandated to create laws against drinking and driving, by penalty of losing federal highway funds.  Zero tolerance laws have been very effective at reducing alcohol related accidents.

 Paul should be charged for drinking and driving and is ultimately responsible for the damage to the car and the injuries Danny sustained. Under law, Danny and Paul should be charged with an MIP with the intent to drink elsewhere. Edward and Jean Welby should be charged with allowing underage children to drink on their property.

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