Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.
Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.
The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.
Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.
If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.