Frye Law - July 2019

GONE TO THE DOGS

CAN A THIEF SUE THE FAMILY HE ROBBED?

The Fourth of July is already expected to attract a record number of Americans to the roads this year. As one of the United States’ most popular holidays, Independence Day has the power to bring together families and friends from all over the country. Unfortunately, all the barbecues, fireworks, and general debauchery come with some unfortunate public health consequences. According to Esurance and the Insurance Institute for Highway Safety, “Fourth of July is the worst day of the year for fatal car crashes,” and a reported “40% of all highway deaths in the last 10 years were caused by drunk driving over the Fourth of July weekend.” These statistics alone make the Fourth of July the deadliest holiday in the country. Everyone knows that driving under the influence of too much alcohol is illegal, and, per Georgia state law, if a driver’s alcohol blood level is .08 or above, they are considered to be driving under the influence. A DUI is a per se offense, meaning that a blood alcohol level of .08 alone is defined as driving under the influence. In that way, a driver needs not have intent to commit a crime. That being said, a person can have a blood alcohol level of less than .08 and still be guilty of driving under the influence. For example, if you are under the age of 21, .02 is the legal alcohol-blood limit. Moreover, a driver’s performance may affect a DUI charge. In this instance, performance refers to Have you heard the story of Terrence Dickson? Even if you don’t know the name, you might have heard his strange tale. Dickson was a burglar in Bucks County, Pennsylvania. One day, after breaking into a house and helping himself to some valuables, Dickson decided to leave through the garage. After discovering the automatic garage door was stuck closed, Dickson turned around and was horrified to realize he’d locked himself inside. To make matters worse, the family he was stealing from had just left for an extended vacation, so Dickson lived off of soda and dried dog food for eight days. When the family returned and found the unlucky burglar, a lawsuit was filed — by Dickson! He sued for mental anguish, and the jury awarded him $500,000. There’s nothing that shakes our faith in the justice system quite like injustice being served. When Dickson’s story first gained notoriety in 2001, thanks to an email circulated by the now-defunct Stella Awards newsletter, which highlighted “outrageous lawsuits,” people were rightfully enraged. There was just one problem: Terrence Dickson never existed. In 2002, a reporter from Pennsylvania contacted the Bucks County prothonotary’s office, where all records for civil cases in the county are kept. He discovered there was no record of any cases involving such a burglar. It’s worth noting the original email where this story first appeared ended with a SOME SOBERING FOURTH OF JULY FACTS

call for tort reform from a made-up law firm in Ohio. Likely, this hoax was an attempt to manipulate the public perception of the justice system. Despite being debunked 17 years ago, this tall tale still makes the rounds and often appears on lists of “outrageous lawsuits,” many of which are featured on the websites of legitimate law firms!

There are plenty of wacky legal cases, but when a story is too ridiculous, there’s a good chance a few important details are being left out or the readers are being lied to. Don’t believe everything you read online!

BE CAREFUL OUT THERE THIS YEAR!

what occurred when the person was driving and how they reacted to roadside sobriety tests. Moreover, the police officer’s observations of the suspect may serve as evidence. For example, a prosecutor may present bloodshot eyes, the odor of alcohol, and a disheveled appearance as evidence in court at a future date.

While the Fourth of July is meant to be a day filled with fun, excitement, and patriotism, it can also be dangerous if you aren’t prepared. Let’s all work together to make this holiday a little bit safer this year and do our best to plan ahead. Here are ride-share codes to help. If you’re using LYFT, type in code KIM289808. For UBER, use code 9b4io. Otherwise, don’t hesitate to give us a call.

2 • WWW.FRYELAWGROUP.COM

Published by The Newsletter Pro • www.TheNewsletterPro.com

Made with FlippingBook Learn more on our blog