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A question for all you law boffins, if someone was drinking to the point where they blacked out and woke up in?
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A question for all you law boffins, if someone was drinking to the point where they blacked out and woke up in?

their car after an accident in the front but it was uncertain whether they were driving or someone else was what would they be charged with please.


    




EddyJ
Were they in the driver seat? Their keys in the ignition? Witnesses to the accident? If so, it would be reasonable to assume they were driving.

If it could not be determined who was driving they may not be charged with anything other than possibly public intoxication.


delive_rance
You had said drinking to the point where they blackout and woke up in their car after an accident in front. Uncertain whether they were driving or someone else was driving the vehicle. Obviously before he can get out of the place he is drinking he would drive his car to get out of there isn't it. If the vehicle of the car consist of 4 persons then one of them is obviously the driver of the car mostly the one behind of the steering wheel, them we assume he is the driver. I do not think the car even if flips 25x in the highway the driver and the rest of the passenger might change places because of the bumps and flips. The car is not a jar of jelly or a box of strawberries. Besides the driver is in his safety belt sequence even if he forgot because he is so drunk he cannot possible be thrown at the back of the car because of the impact.

They will be charge with reckless imprudence resulting to injury and drunk driving which I think is a felony there in the US plus other charges which the police have to examine and investigate. That is why in the slogan of every street sign IF YOU DRIVE DO NOT DRINK, IF YOU DRINK DO NOT DRIVE. I think even a 5 year old kid knows what this is.


brit_plod
Based on that evidence - He/She'd be nicked for drink driving without a doubt!





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