FAQ Friday with Gregory Herrman, September 22, 2017

Herrman discusses tailgating and drunk driving, if the stadium will be responsible if a drunk person, who was at the stadium, decides to gets behind the and accidentally hit you, and if you can legally refuse to take a breathalyzer test. If you liked this video, please like and subscribe to our channel.

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Transcript

I really she's food to what I want okay all right hello everyone this is Greg Herman again this is frequently asked question Friday unfortunately we didn't get any questions this week so we just kind of picked out a topic and some would have been something about tailgating and drunk drivers or football game because of the Cowboys go Cowboys I don't know what happened to us and in the Denver game but we sure look good against the Giants didn't we [Music] anyway so someone asked about being hit by a drunk driver if you're in taking the tailgate an NFL game with the drunk driver be responsible an answer of course is yes and can you sue the drunk driver the answer is yes but the next question was would the stadium be responsible and you know that's kind of a you know it depends I mean usually the stadium would not be responsible for a thing like that but under certain circumstances the ballpark could be responsible if you could show they were negligent and how they design the parking lot if you could show that they should have had certain signage up there directing traffic to go certain ways and to stop and to have you know lanes of traffic and if they neglected to do those types of things then obviously a negligent design to the parking lot would be a contributing factor and a jury then would decide you know what what responsibility would the drunk driver have and what responsibility would the parking lot folks am and keep in mind it may be a different builder of the parking lot then who's running it or who's operating them so you may have more than one defendant there so they'd also be responsible and it could be you that were tailgating are responsible to use I mean presumably if you're tailgating you may be drinking also oh but even if you're not drinking if you're just you know if you step on the middle of a car you know Elaine of where cars are supposed to come by then obviously you could be at fault if you you see them coming and don't move out the way you know you fail to take evasive action you know do doing a reasonably prudent person would do then obviously you would be partly at spawn responsible too so that the jury would take into consideration everybody's conduct and assign proportionate responsibility on the question of drunk driving also got a question about can you legally refuse to take a drive breathalyzer test and let me preface this we'll keep in mind I am NOT a criminal lawyer or a criminal defense lawyer but from my understanding is yes you can decline to take the the breathalyzer test and all the criminal defense lawyers I know say always decline because things like Cologne things like mouthwash lots of things sometimes can set off this breath to breath eliezer so most of them say you know they tell their clients don't take them under any circumstances but especially if you've got like one beer two beers you combine that with mouthwash and cologne and deodorant and all the other things that can give a false positive reading you could end up getting a B+ breathalyzer test and it's real hard to convince the jury that you know you weren't legally intoxicated so generalist don't take them like the consequences are that they're gonna take take away your driver's license and then you have to apply for a hardship license that takes six months so Minh mind that they also have now in Texas what they call no refusal weekends so they can actually grab you and arrest you and drag you down to hospital and take your blood and so whether you agree to or not they can make you do it so but anyway that's again keep mine I'm not a criminal defense lawyer keeping on the sports theme one thing that came up with the news this week I don't know if any and you guys heard about it but Aaron Hernandez the tight end that used to play for the Patriots that I guess he was convicted for murder and then while he was in his jail cell or prison cell he supposedly committed suicide well they got his I guess they did an autopsy on him and they found that he had CTE which that that chronic traumatic encephalopathy which is that disease that apparently just virtually every NFL player gets from it comes from traumatic getting your head hit again and again and again so lots of these interval players when their careers are over they have a really horrible life because they have this CTE and it's it's a very serious brain injury disease that is chronic and there's no way fixing it a treatment for house I think of the 100 players that have been autopsy so far for the NFL every single one of them has had CTE so that's a pretty interesting figure and hopefully we'll be hearing more about that in future anyway that's it for this week of fa Q's please submit your questions ahead of time for next week and if we don't get any ear the questions aren't great we will pick up a theme and just I guess I'll just talk about something that we'd like to see some questions we know you know there's people out there watching if they're not watching right now they will watch this later so come up with some questions that's what this is for shoot some questions that was local news sports talk about anything right yeah local news for psych talk about anything but preferably be something legal but it doesn't have to be so anyway thank y'all again for tuning in and we'll see you next Friday same time same job getting better

About the Author

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims. Start down the road to recovery by contacting us for a free initial consultation and case evaluation.

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