Wharton County, TX — May 15, 2025, Ernest McCullough and one other were injured following an alleged drunk driver accident at 7:12 p.m. along Milam Street.
According to initial details about the crash, it took place in the area of the West Milam Street and Sunset Street intersection.
Investigators said that 44-year-old Ernest McCullough was in an Infiniti going eastbound on Milam. As Ernest McCullough was slowing at a railroad crossing, an approaching Volkswagen Jetta reportedly failed to control speed and crashed into the Infiniti.
As a result of the collision, officials say that Ernest McCullough had serious injuries. The other driver had less severe injuries. Right now, details allege that the Volkswagen driver was under the influence of alcohol at the time, and authorities recommended charges.
Commentary by Attorney Michael Grossman
When crashes involve allegations of drunk driving, people naturally focus on the collision itself—where it happened, who was hurt, and what charges might follow. But when I read a report like this one, I think about how often the conversation stops just short of the full picture. If the Volkswagen driver was, in fact, under the influence of alcohol, that raises a question we don’t ask often enough: Was someone else responsible for over-serving a person who was already obviously intoxicated?
That’s not a rhetorical question—it’s the basis of Texas dram shop law. The law prohibits alcohol providers from serving patrons who show signs of obvious intoxication, precisely because of the danger that can follow. The duty to cut someone off isn’t just a matter of policy or training—it’s a legal obligation with public safety at its core.
What makes this especially important is that these situations are rarely investigated beyond the surface. Law enforcement is often focused on the facts at the scene: whether a crash occurred, what role impairment played, and what charges apply. But the question of where the drinking took place and whether the driver was over-served often goes unanswered unless someone specifically pursues that line of inquiry.
So while the charges may address one level of responsibility, they don’t always get to the root of how the situation unfolded. If an alcohol provider ignored their duty and kept serving someone who was obviously intoxicated, that’s not just a lapse in judgment—it may have contributed directly to the harm that followed.
Three key takeaways:
- Texas law holds alcohol providers to a clear standard: they must not over-serve patrons who are obviously intoxicated.
- In many alleged DWI crashes, authorities don’t investigate where the drinking occurred unless prompted to do so.
- When a driver is allegedly impaired, it’s worth asking whether someone else helped enable that risk through unlawful alcohol service.
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