General Discussion

JonLP24

(29,933 posts)

30. It would be helpful to know BAC

Sun Feb 26, 2012, 06:58 PM

Feb 2012

In regards to the observing boyfriend and how much he had to drink kind of thing. So would weight but I would never expect that in an article. A few drinks can put you just over, two tall drinks can put you over so it may have appeared to her that her boyfriend didn't have that much to drink. I don't even have information on what exactly they both did prior to the handing of the keys situation. That's why we have trials, interested in learning more but I can't say one way or the other. One way you could say she is totally responsible, OTOH, very few if anyone in that situation would perform a field sobriety test/breathalyzer when handing the keys to a DD. Though they would know the DD wouldn't or didn't drink. She may have made a bad guess if he only had a few.

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Drunk Woman Hands Over Car Keys to Boyfriend & Faces 30 Years in Prison for It! [View all] Liberal_in_LA Feb 2012 OP

Good. If you go out drinking for an evening with someone, you should know that they can't drive. JVS Feb 2012 #1

I'm with you on this one. She knew before they went out drinking that there wouldn't be Honeycombe8 Feb 2012 #33

I don't buy it MrBig Feb 2012 #2

Don't you have to assume that her boyfriend was drinking with her? Cali_Democrat Feb 2012 #3

I've been out with people who will swear that they aren't impaired... Luminous Animal Feb 2012 #10

Many people will claim they are fine when they are not. liberalhistorian Feb 2012 #17

It can be tough when you're drunk Cali_Democrat Feb 2012 #19

That's the thing about being drunk... diminished capacity to Luminous Animal Feb 2012 #29

I have totally BTDT laundry_queen Feb 2012 #50

After an experience similar to that when I was 22. After that Luminous Animal Feb 2012 #53

How about someone you drink with regularly? cherokeeprogressive Feb 2012 #56

if you can't really give consent when you are drunk La Lioness Priyanka Feb 2012 #11

probably not Liberal_in_LA Feb 2012 #13

I was thinking about that part, too. Robb Feb 2012 #6

If they were drinking together, which sounds like the case, liberalhistorian Feb 2012 #16

no it wouldn't qazplm Feb 2012 #21

The "facts" are that two innocent people liberalhistorian Feb 2012 #25

This is what comes of Privatizing prisons. AND promising to keep them stocked with prisioners. Justice wanted Feb 2012 #4

nailed it. miyazaki Feb 2012 #27

They're going to have to prove she wasn't drunk enough to not know how drunk he was. rug Feb 2012 #5

Yeah, they are going to have a hard time threading that needle. morningfog Feb 2012 #22

Agreed. rug Feb 2012 #24

I don't know of any crime where you're absolved just because you're drunk Major Nikon Feb 2012 #23

If the statute requires knowing conduct they have to prove the mens rea of knowledge. rug Feb 2012 #28

Manslaughter doesn't require criminal intent Major Nikon Feb 2012 #35

Recklessness also requires a mens rea. moriah Feb 2012 #36

The fact that alcohol impairs judgement is common knowledge Major Nikon Feb 2012 #40

Yep. Negligence can be easily proven. moriah Feb 2012 #41

That's a strict liability crime. rug Feb 2012 #48

No, but you must be aware of the risk of death and consciously disregard it,. rug Feb 2012 #47

There's a bit more to the story Major Nikon Feb 2012 #49

That's what the case will pivot on - if they can prove it. rug Feb 2012 #52

I'm not really feeling much sympathy for this woman or her boyfriend. Skinner Feb 2012 #7

some people can drink and not seem drunk. Maybe her boyfriend was that Liberal_in_LA Feb 2012 #8

I have two friends like that. Luminous Animal Feb 2012 #12

Just because you don't "seem" drunk liberalhistorian Feb 2012 #18

Back in my 20's I was like that. RC Feb 2012 #38

I can see a penalty,but nothing as severe as the person who did the driving.nt athenasatanjesus Feb 2012 #9

why not.how many bars have been sued b/c they continued to serve someone who was "obviously" tipped leftyohiolib Feb 2012 #14

A trial to face 30 years in prison, or being killed without trial.... boppers Feb 2012 #15

voluntart intoxication is a defense qazplm Feb 2012 #20

two people are dead. it was her car, her keys, her permission. you think she could walk away free? unblock Feb 2012 #26

It would be helpful to know BAC JonLP24 Feb 2012 #30

Both these idiots deserve jail time. Odin2005 Feb 2012 #31

Thirty years worth? Comrade Grumpy Feb 2012 #37

They KILLED people. Odin2005 Feb 2012 #44

Yes. Chan790 Feb 2012 #54

well, the mugging analogy doesn't make much sense fishwax Feb 2012 #32

This fails every test I can think of in terms of why you would want to prosecute something stevenleser Feb 2012 #34

+1 You nailed it on perfectly rational grounds. Joe Shlabotnik Feb 2012 #42

I agree JonLP24 Feb 2012 #46

No death that is the result of a drunk driver should be considered "ACCIDENTAL". cherokeeprogressive Feb 2012 #57

lol. i think you forgot the sarcasm thingy. stevenleser Feb 2012 #59

Maybe it's time to make breathalizers available to restaurant patrons? ecstatic Feb 2012 #39

I raised that once 20 something years ago and found out the reason why places dont do it. stevenleser Feb 2012 #51

This is the sort of injustice Americans love. Vattel Feb 2012 #43

No sympathy here. Sorry, I have no problem with it. aaaaaa5a Feb 2012 #45

I think the prosecutor is making the right decision. n/t Chan790 Feb 2012 #55

This reminds me of an episode of The Simpsons... Drunken Irishman Feb 2012 #58