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aGameOfThrones
12-06-2013, 05:41 PM
Could you be held accountable for allowing someone else to drive drunk? Two 17-year-old boys arrested in Glastonbury, CT on Thursday are finding out the hard way that you can. They were charged with misdemeanors, as police say they knew their friend Jane Modlesky, also 17, was too drunk to drive when she got behind the wheel of an SUV in July before crashing into a tree and dying.

“They very well knew that she was intoxicated and should not have been driving,” Agent James Kennedy of the Glastonbury Police Department tells NBC Connecticut. (Kennedy did not return calls requesting comment from Yahoo Shine.)

The young men, one of whom was driving and the other of whom was a passenger before getting out of the car and watching Modlesky drive off into the early morning, were charged separately. One was charged with reckless endangerment in the second degree, violation of passenger restrictions and operating a motor vehicle between 11 p.m. and 5 a.m., while the other was charged with violation of passenger restrictions and operating a motor vehicle between 11 p.m. and 5 a.m. Both are due in court later this month.

“This is a highly unusual situation,” California attorney Lawrence Taylor, author of the law book “Drunk Driving Defense” and a former law professor, tells Yahoo Shine. “It’s basically saying that they had a positive duty to stop her. But you cannot be prosecuted because you didn’t stop someone from engaging in criminal conduct: If someone is holding a gun and is about to shoot it, and you don’t pull it out of their hand, you cannot be held accountable. So I think the police are kind of overreaching here.”

Taylor further explains that DUI is considered a "general intent crime," rather than a "specific intent crime" such as stealing or murder. “If you have a general intent crime, it’s pretty hard to be an accomplice,” he notes. “But having said that, there are states who have said yes, you can be an accomplice.”

http://shine.yahoo.com/healthy-living/teens-charged-as-accomplices-for-letting-friend-drive-drunk-194849860.html

phill4paul
12-06-2013, 05:45 PM
Regardless of weather or not these cops are "over reaching" the kids are now within the Matrix. Good luck getting a job at McD's kiddies.

tangent4ronpaul
12-06-2013, 05:59 PM
violation of passenger restrictions and operating a motor vehicle between 11 p.m. and 5 a.m.

So for this part, at least, they are being charged with violating a state imposed curfew? WTF??? Aren't parents supposed to set curfews and ground kids if needed?

Must really suck to be a teen in CT...

-t

dannno
12-06-2013, 06:04 PM
So for this part, at least, they are being charged with violating a state imposed curfew? WTF??? Aren't parents supposed to set curfews and ground kids if needed?

Must really suck to be a teen in CT...

-t

It's a motor curfew.

I'll bet they invited her to stay, and it was her decision to go home.

Ender
12-06-2013, 06:07 PM
Uhhh..... wasn't there an incident not too long ago where a girl was arrested for coming to a party to pick up a drunken friend and keep them from driving?

Damned if you do and damned if you don't.

Philhelm
12-06-2013, 06:30 PM
Uhhh..... wasn't there an incident not too long ago where a girl was arrested for coming to a party to pick up a drunken friend and keep them from driving?

Damned if you do and damned if you don't.

ZERO Tolerance.

Neil Desmond
12-06-2013, 06:47 PM
What exactly are they supposed to do? People get sued or even in some cases they get charged with committing a crime when they try to stop a crime for happening.

It's as though they're ("they" being the state, government, people who wear badges and matching costumes, prosecutors, etc.) saying that we both have to stay out of the way of law enforcement agents while at the same time we have to enforce the law, essentially. They're trying to have it both ways, or they're trying to have a double standard. This makes government look really stupid.

Brian4Liberty
12-06-2013, 06:51 PM
The basic rules of a totalitarian society:

- You are your brothers keeper.
- See something, say something.
- The above do not apply to Party apparatchiks.
- The Police are not responsible for anyone's safety.

tod evans
12-06-2013, 06:57 PM
Poor kids. :(

kathy88
12-07-2013, 06:19 AM
So for this part, at least, they are being charged with violating a state imposed curfew? WTF??? Aren't parents supposed to set curfews and ground kids if needed?

Must really suck to be a teen in CT...

-tin PA we have junior licenses. You can't drive between certain hours. Maybe it's something like that?

pcosmar
12-07-2013, 07:19 AM
This makes government look really stupid.

?? look ??

acptulsa
12-07-2013, 07:51 AM
So, if someone insists on driving drunk, what are you supposed to do? Knock them out and get charged with assault?


Damned if you do and damned if you don't.

I wonder if they'd have been charged with anything if they had called the cops and narcked her out? Probably. 'So, kid, now you won't get charged with letting her drive drunk, but while we're on the subject, what are you doing out?' So much for the Fifth Amendment...