The state alcohol board was slated to hold a hearing on the matter August 4th, but the hearing was canceled when the business chose to give up their license willingly. It’s likely the owners realize they are in for a long and arduous legal battle as it is, given the potential for dram shop liability by the officer’s family.
Although there has been no word yet on any civil filing by the 25-year-old officer’s surviving relatives, that type of civil action may be one avenue of accountability and compensation his family could pursue.
According to The Bethesda Magazine, the incident in question occurred in December 2015, when Officer Noah Leotta volunteered to work an extra shift to help catch drunk drivers. That same night, a man in that very district was drinking heavily – whiskey and beer – for at least four hours at the same restaurant before his departure in his car.
The 47-year-old driver, who pleaded guilty to vehicular manslaughter in May, reportedly struck Leotta as he was in the middle of a traffic stop. He died weeks later of his injuries. The driver faces up to 10 years in prison. At the time of the crash, his blood-alcohol level was measured to be more than three times the limit of 0.08.
Leotta’s loved ones are pushing for changes in a state law that will require more drivers who fail breath-alcohol tests to install and use ignition interlock systems. These systems require drivers to blow into a device to prove they aren’t drunk before the vehicle will even start. In many states, including Florida, ignition interlocks are not mandatory following a first-time offense, though judges do have the discretion to order it if they choose, per F.S. 316.193. (The exception here is if the driver has a blood-alcohol level of 0.15 or higher or had a minor in the vehicle).
A statement released by an attorney for the national chain restaurant said that given the circumstances, license forfeiture was the right thing to do.
Surviving family members in this case have a few different legal options. Those include:
If you have been injured in a Miami drunk driving accident, we can help.
If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.
Additional Resources:
Hooters To Close Rockville Pike Location in Wake of Officer’s Death, July 25, 2016, By Andrew Metcalf, Bethesda Magazine
More Blog Entries:
Texting and Driving Causes Fatal Miami Car Accident, July 24, 2016, Miami Drunk Driving Accident Lawyer
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