Reportedly, 24-year-old Nicole Nadra Baukus’s blood alcohol level was 0.286%, nearly four times the legal limit of 0.8%, just after the fatal DWI wrong-way crash on I-45 that killed two teens and seriously injured another on June 29, 2012. Our Pearland catastrophic injury attorneys note that Baukus was also found to have Valium and marijuana in her system.
A TABC agent said that surveillance videos from the Rox Sports Bar and Grill in Montgomery County where she’d been drinking showed that Baukus had consumed 21 drinks, including a “tray of shooters” before climbing into her pickup truck and heading the wrong way on I-45. Baukus changed her original plea of “not guilty” to “guilty” and received 15 years for each count of intoxication manslaughter and 8 years for the count of intoxication assault.
Prosecutors related that Baukus was laughing as the arresting officer charged her with her crimes after the fatal DWI crash. Nicole Baukus’s father testified at his daughter’s trial that he also had a history of getting caught driving drunk.
Nicole Baukus is someone who should be kept off the roads for as long as possible. Studies have shown that drunken drivers tend to repeat their crimes. Our Pearland catastrophic injury attorneys hope that Nicole Baukus’s sentences will be served consecutively rather than concurrently.
Texas Alcoholic Beverage Commission’s Role in a Fatal DWI Crash Case
Texas law provides penalties for bars, clubs, and other establishments that “over-serve” patrons. TABC rules provide that no further alcohol should be served to a patron who is visibly drunk. And most alcohol-serving establishments have procedural rules to keep track of the number of drinks a patron is served. If the bars and their employees obey those rules, they can usually find a “safe harbor” if a patron gets drunk and crashes afterwards.
In this case, the evidence was on video, and the safe harbor was heavily silted up. How do you explain away a “tray” of shooters when the law only allows a patron to have two open drinks at one time? Our Pearland catastrophic injury attorneys reckon one can’t; the Rox Sports Bar’s insurance carrier agreed to pay a million dollar settlement, which was divided between the surviving teen and the estates of the two who tragically lost their lives at such young ages.
TABC Evidence and the Fatal DWI Crash Involving Former Dallas Cowboy Josh Brent
Regarding another fatal DWI crash where TABC rules come into play, TABC has announced that Beamers Nightclub was “conducting practices that promote excessive [alcohol] consumption by patrons.” And that there’s “sufficient evidence” that Beamers sold alcohol to an “intoxicated person” on the December night when Josh Brent, formerly a Dallas Cowboy, left the club and crashed his Mercedes in a high speed wreck that claimed the life of friend and teammate Jerry Brown Jr.
Surveillance videos showed Brent driving in excess of 110 mph just before the fatal crash. Our Pearland catastrophic injury attorneys point out that his blood alcohol level was reportedly measured at more than twice the legal limit. But authorities are waiting to proceed on their TABC case against the club until other aspects of the high-profile case have been resolved. (Sources: yourhoustonnews.com/cypresscreek/ 7/31/13; Cicely Mitchell, CBS Houston, 8/1/13; Scott Engle, Montgomery County Police Reporter; Damali Keith, KRIV Fox 26; 8/2/13; and Robert Wilonsky, The Dallas Morning news, 8/2/13)
Contact the Pearland Catastrophic Injury Attorneys at Denena Points, PC if You Have Questions about Serious or Fatal Injuries from a DWI Crash
Texas law was changed in 2009 to provide harsher penalties against drunken driving. But the DWI accident numbers keep climbing and drunken drivers keep repeating their offenses.
If a drunken driver has harmed you or your loved one in a crash and you have urgent questions about what to do to win justice, feel free to contact our Pearland catastrophic injury attorneys at Denena Points, PC anytime. We provide a free, no obligation initial legal consultation to discuss the accident, answer your pressing questions, and evaluate your eligibility for compensation for your injuries and losses from the crash. Reach us directly at 281-369-4363 or through our online contact form at your convenience.