There are no victims or deceased names mentioned in the given text. : “Davio’s Owner Faces First-Ever Charge of Serving Intoxicated Patron”

Death – Obituary – Accident and Crime News : Davio’s owner, Steve DiFillippo, recently faced a charge that one of his restaurants served an intoxicated patron, marking a first in his nearly four decades in the business. DiFillippo expressed his embarrassment and regret during a disciplinary hearing held by the town’s license board in Braintree. He emphasized that his establishment always strives to do the right thing and should never have allowed such an incident to occur. DiFillippo, who has personally witnessed the devastating consequences of drunk driving, added that two of his friends lost relatives in accidents caused by intoxicated drivers.

After a 90-minute hearing, the board ultimately dismissed the charge with a 4-1 vote. Town Clerk James Casey, who chairs the board, explained that there was no evidence to prove that the patron was intoxicated at the time of being served her last drink. He cited the legal standard of proof required for the charge.

The incident in question took place at Davio’s South Shore Plaza location on October 11. The patron, identified as a Hingham woman, had attended a work party with 17 other people before leaving the restaurant at around 8 p.m. Over the course of a little over two hours, she consumed three drinks, specifically Mediterranean martinis or Mediterranean cosmos, along with food.

Braintree police officer Brendan McLaughlin, the board’s licensing officer, testified that the woman was captured on video driving out of the mall parking lot onto Common Street. Subsequently, she collided with a motor vehicle at the intersection of Common and Washington streets and then hit a second vehicle on Elm Street, less than a mile away. The woman failed field sobriety tests and was arrested on charges of drunken driving, leaving the scene of an accident, and driving an unregistered motor vehicle. However, she did not undergo a breath or blood test to measure her blood alcohol levels.

During the hearing, McLaughlin stated that Davio’s has a reputation for adhering to strict alcohol sales policies. He deemed this incident as an exception that fell through the cracks.

Attorney Carl Johnson, representing Davio’s, argued that for the restaurant to be held responsible for serving an intoxicated person, the patron must exhibit signs of intoxication at the time of being served their final drink. The restaurant staff, who cooperated fully with the investigation and testified at the hearing, attested that the patron did not display any signs of intoxication. Additionally, there are no cameras in the area where the party was seated.

Although Building Inspector Russell Forsberg voted in favor of a violation, the majority of the board felt that there were too many unknown factors to conclude that a violation had occurred. It is worth noting that Davio’s, which operates 11 restaurants in total, had not previously faced a disciplinary hearing since opening its mall location six years ago.

As a result of this incident, DiFillippo acknowledged the need for stricter liquor service policies in the future. However, he expressed his disenchantment, stating that he would not be returning to the license board.

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