“DUI by consent”
Well, that’s a new one to me and it seems pretty stupid.
17 Responses to ““DUI by consent””
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May 22nd, 2013 at 7:07 pm
Was it her car? The story doesn’t say.
May 22nd, 2013 at 7:19 pm
Tennessee seems to be the only state, on the internet, that has it.
May 22nd, 2013 at 7:21 pm
Uh, we don’t have enough real criminals to house? She’s stupid but not a criminal. TS
May 22nd, 2013 at 8:46 pm
This is a ridiculous law.
Vicarious liability for DWI.
May 22nd, 2013 at 9:11 pm
It’s been the law in civil liability cases for like forever. If you give your car to a drunk and he gets in an accident, you’re liable. Be safe, don’t let a drunk drive your car.
May 22nd, 2013 at 11:45 pm
Not ridiculous.
The drunk passenger gave her car keys to another drunk, and consented to that drunk driving her car.
May 22nd, 2013 at 11:49 pm
How can a drunk determine how drunk another drunk is?
May 23rd, 2013 at 12:22 am
That is most likely how the lawyer will handle the defense of her case if the lawyer is any good.
May 23rd, 2013 at 8:56 am
Had she been driving her car herself, nobody would have accepted the excuse that she was too impaired to realize she was too impaired to drive. The same should apply to willingly handing her keys to someone else who was too impaired to drive.
Somewhat off on a tangent, there have been a number of cases lately of drunk teens having sex. In every case, the drunk boys were either charged with some kind of sex crime or there was widespread outrage if they weren’t, but the drunk girls were considered victims, too impaired to consent.
We’re supposed to be a nation of laws, and of equal protection under the law. We need one uniform standard as to whether someone who is drunk or stoned should be held accountable for their actions.
May 23rd, 2013 at 8:58 am
Just a hat tip here to the playwright Plato, whose character “Socrates” joked about both the crazy-buddy issue and degrees of drunkenness in the drawing-room comedies called the “Dialogues.” You name it, the muvvukin’ Greeks had a word for it, brah.
In those days, country swains used to get into town by yoking two or three horses, and jumping from horseback to horseback at full gallop — sort of the Golden Age equivalent to blipping two Holleys on a big-block.
I’m leaving the Sunfire angle right out of it. Even the ancients knew not to fly too close to those.
May 23rd, 2013 at 2:25 pm
Not sure of the case law invoked by the commenters above, but it looks to me like they might be confusing criminal and civil liability. Of course the CIVIL liability is there, but the law generally pins a CRIME on the actor, not someone who loans equipment that gets misused and involves death.
As with any criminal charge, the culpable mental state is important, and it sounds like the lady was not capable of forming intent because she was severely impaired. The most she could be charged with criminally, and it would be a stretch, is recklessly loaning her car, if that can even be made into a crime. Civilly, she’s toast, of course.
“DUII by consent” sounds like something the trooper and/or the reporter pulled out of their hoo-hoo.
May 23rd, 2013 at 2:29 pm
BTW, the lady can’t be an accessory if the actor is not charged, and the DA can’t hang a charge on a dead man.
May 23rd, 2013 at 6:47 pm
Sadly we truly are becoming a state of laws. TS
May 23rd, 2013 at 8:10 pm
Rivrdog,
1. DUI by Consent is statutory in Tennessee, it’s in the criminal code;
2. Voluntary intoxication is not a defense to any crime, if it were only Mormons would go to jail;
3. The lady is not being charged as an accessory, DUI by consent is a stand alone crime, see one above.
May 24th, 2013 at 2:53 pm
Should have been laws. A law to cover every possible contingency.
May 24th, 2013 at 3:42 pm
Per attorney website: http://www.tndui.com/dui-by-consent.php
You can be convicted of DUI even if you were not present at the crime.
May 26th, 2013 at 11:30 pm
So let me get this straight: She would have been too drunk to consent to sex but simultaneously sober enough to consent to someone driving a car? A leap of logic only a Leftard could make.