I hope you’ve been well. Recently you wrote to us that you have accidentally wounded your friend Tony Brioschi. As you’ve described it, you are trying to punch the man who made offensive remark on you, but you punched on your friend Tony’s face. And next day he did seen a doctor, with a black and swollen eye. He is painful and quite angry about the incident. Specifically, you have asked for advice on the question whether you caused any civil or criminal liability. After researching the issue, and based on the facts set out below, I believe that a court would likely conclude that you did assault in the third degree (A misdemeanor). I will explain this conclusion more fully below after first setting out the facts as I understand them.
Last night Tony Brioschi with you are hang out at different bar. At 1:00 am after several hours drinking at several bars on Chippewa Street. You are at last stop, but you cannot remmber which bar is. There have a man next to you is keep doing offensive remarks which infuriated you. Hence, you trying to punch the man but he ducked and your punch landed on Tony’s face. Tony left immediately, you find your way back to home. You mentioned to me that you do not remember what the remarks were about. But you do know that you stepped away from the bar and pulled your arm and shoulder back to punch the man. Also you has
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learned from a friend of Tony that Tony has seen a doctor, that he has quite a black eye, painful and swollen, and that he is quite angry about the incident. you are concerned that, if you will get any civil or criminal liability. Under these facts, a court would likely apply that your mens rea are intentionally, knowingly, and recklessly (Penal Law § 15.05 [1][2][3]) did physical injury action (Penal Law § 10.00 [9]) to Tony Brioschi. As you told all the details shown that you are intent to commit the act to hit the man, and made non-consensual contact with Tony’s face. Also you learned that you did the battery caused actual physical harm to Tony Brioschi. Generally speaking, all the facts showing that you are intent and recklessly to cause physical injury to such person or to third person. In another words, the court may will make a judgment convicting you as assault in the third degree (Penal Law § 120.00 [1][2]). You may consider that since you are drinking for several hours in different bar, so that could be a good excuse as an evidence to show you are not intent to harm Tony Brioschi.
However, according the Penal Law § 15.25, intoxication does not justify criminal behavior. It exists only if the case is related with intoxication, then you need to provide relevant evidence at the trial. This opinion is based on a summary of previous cases. Since your suition happened last night, and from now maybe it is too late to take alcohol medical examination as evidence for last night. Therefore, intoxication can not be a good eason for
excuse. To sum up, based on the facts as I have recited them in this letter, I believe that a court would conclude that you did harmful action to Tony Brioschi with Assault in the third degree (class A misdemeanor). To avoid the liability that you did intent punch your friend Tony, I would recommend that, going forward. Emphasizing that you are just trying to defend your power and subconsciously hit the man who offends you, and that you are not deliberately trying to harm anyone. I hope this is helpful, and I would be happy to discuss this matter with you further. Please feel free to call my office at (716) 994-7322 if you have any questions, or would like to set up a time to meet.
There were no concealed, unreasonably increased risks present at the time of the incident. D’Agostino graduated Massapequa High School in 2000. When the plaintiff’s injury caused, D’Agostino was 27 years old and weighed 275 pounds. When he was in high school, he wrestled for all four years, and he won some championship. On the other hand, the plaintiff was 6’2”, weighted 275. He was under age. He had many experiences of wrestling because he wrestled from 7th grade through 12th grade. Thus, they were almost in the same situation, except for their
Victim Avina told me approximately five years, prior to getting married, Suspect Avina threw his dress shoe at her. The shoe hit Vicitm Avina is the stomach which did not cause any injuries. About two months ago, Suspect Avina attempted to push Victim Avina’s right shoulder. Victim Avina lend back and avoided the push but hit her right upper thigh against the living rooms coffee table. The impact later left a quarter size bruise. Victim Avina took a photograph of the bruise (see attached photo).
I was dispatched by communication to a reported Assault with a Deadly Weapon at 133 Industrial Way, San Jose/ Brother’s Inn (Men’s homeless shelter). I arrived at the shelter 1035 hrs. While I reached to the location, I saw a victim man, who is very badly injured on his face, and two other mans (Manager and client) in the Day Room of shelter. I also observed all the furniture in the day room was all turned over. I also advised communication to response a fire/ambulance for treatment of victim. I went to the victim ask for is identification and statement about the happened. After taking V-Rush statement, transported him to the county hospital by fire/ambulance EJ7 for health treatment. Then, I start getting more information about the incident from Witness’s. First, I contract with the shelter Manager and obtained his identification and statement regarding the incident. Second, I went to Client and obtained his identification and statement regarding to what happened. Both (Manager and client) were separated at the time of the interview. After the interview, I advise the communication to look for suspect at St. James park (1st St. & St.) and for his record check. I took 2 photos of the victim full body and 3 photos of injuries by point them. I also took 4 photos of the day room of shelter. All this photos was booked into the county jail later as police
The mental state of the suspect can give explanation to a false confession. If a person is inebriated and is questioned before she is sober, that may lead to easier manipulation by the police. A suspect under the influence of alcohol or drugs may not remember all the events leading up to her arrest. This mental state allows police officers to give misleading information, which may imply that the suspect did commit the crime and does not remember the incident.
Each year, DUI drivers kill thousands, injure more and cause vast amounts of property damage. Determining the alcohol content in a drunk driver's blood has great evidentiary value in DUI prosecutions. Each state has a per se law, designating a blood alcohol content (BAC) of .08 percent as legally intoxicated. However, studies indicate BAC dissipates from the body between .01 to .02 percent/hour. Gathering evidence of chemical impairment in a DUI investigation is not only critical towards a successful prosecution but time sensitive. The Court recognizes there will be cases of exigency, but are short of ruling exigency in one broad categorical term. Therefore, an arrest for DUI does not give the Government per se authority for the warrantless extraction of
In Conclusion, drinking and driving is never a good idea. We must work together to urge our government to create stricter drunk driving laws so we may have safer roadways. So next time you are thinking about drinking and driving, think again because in the future it could mean $1,000’s in fines and maybe even years in jail.
I wrongly assumed that we were attending just another alcohol intoxicated patient, so typical of a Saturday night duty. On arrival I had considered scene safety due to the behaviour of the intoxicated male shouting at me, “where have you been?” I felt he tested my communication skills due to his aggressive behaviour, I put this down to the amount of alcohol he had consumed. This proved frustrating at times but I knew I had to diplomatic, as it could have escalated the situation. His body language displayed he did not...
Before discussing the effective solution to underage drinking problem, there is a special conundrum arouse a controversial debate in the public. Nearly one month ago, one of my roommate’s friend came to our apartment and drink heavily when no one noticed her. She finally passed out without any conscious and couldn’t gave any feedback when we tried to wake or touch her. All other people shocked and a dilemma appeared that if you call the police, we may be all get into trouble and recorded an illegal action in the rest life, but if you don’t, this friend may risk her life even dead from the alcohol poisoning. After a controversial debate for
“Every year, in the United States about 600,000 and ten percent-of all motor vehicle crashes recorded by police department are all due to consumption of alcohol.” In 2003; 42,643 fatalities were caused by vehicle crashes. Of those, 17,013 (40 percent) were alcohol related. The majority people with DUI’s are not alcoholics. “Beer drinking causes about 80 percent of alcohol-related fatalities.” A crash is alcohol related if any driver, pedestrian or passenger involved has any trace of alcohol or there is suspicion of alcohol usage. As the cases of drunk driving quickly increase over a period of time as one of the fast developing public problem, more definite and stricter regulations should be emphasized on books and in the academic world to control such recurring drunk driving offenses.
Recent statistics have showed that in almost every 90 seconds a person is injured in a drunk driving crash, and everyday 28 people die as a result of drunk driving. Although some state that they have had a little to drink and they think that they are capable of driving back home “safely”. Not only do they know that legally they can not pass a Blood Alcohol Content of 0.08 which is a little more than a 12-ounce glass of beer or alcoholic beverage. In most cases of a drunk driving accident the dr...
Almost every adult you encounter can say they have been drunk or slightly intoxicated some point throughout their life, but how many can admit to drunk driving. The use of alcohol when driving is completely frivolous and endangers the lives of others that share the road or is even a passenger in the vehicle. Penalties for DUIs should be harsher as if it was attempted murder or drug use. With the slightest mistake or misjudgment can cost you your own life or the life of someone else.
account. My decision was to report the incident so that the correct information would be
else's life. You don't need to be drunk to cause an accident, it's been proven
Intoxication: This means that the parties to the contract should not be under the influence of any alcoholic product such as drugs or drinks at the time of making of the contract. The case of Blomley v Ryan can be a good example of Intoxication. In this case Blomley was to purchase a farm from Ryan and at the time of contract Ryan was under the influence of alcohol so the contact was not enforceable.
As we were eating some sleazy greasy food, I obviously had to tell my friends about running from the law and my involvement. After telling all my friends about my night so far they all had a good laugh. Later that night when we were leaving the Waffle House the law was behind by my car running the tag. Once the law left we definitely decided it would be a good decision to go home. However, when we started to leave I put the petal to the metal. We fish tailed the car sideways, and as I was trying to regain control of the wheel I accidentally over corrected. If one knows anything about driving cars to fast and or wild, one of the biggest mistakes one can make is to over correct. Following my big mistake the car spun out of control off the road, into the ditch, up a hill, and finally came to a rest once I had hit a power pole with the rear bumper. As if the night had not already been embarrassing enough for me, this car accident put the amount of embarrassment I felt over the