In the front passengers seat,if i were drinking, as was the driver?!
2007-03-29 22:27:27 · 20 answers · asked by Mundulas 1 in Politics & Government ➔ Law Enforcement & Police
How stupid to get in a car with a drunk driver
2007-03-29 22:31:05 · answer #1 · answered by ChocLover 7 · 2⤊ 0⤋
It depends on where you are and the specific laws of that area. If there is an "open container" law, for example, you may be prosecuted for drinking in the passenger area of a moving vehicle even if you are not the driver.
Also, depending on the severity of the crash and whether you have the misfortune of being used as an example, the prosecutor may find a way to bring you up on other charges more directly related to the crash (as an accessory or something along those lines).
And even if criminal charges are not brought against you, you may still have to face civil charges, which are more flexible and which generally carry a much lower standard of proof.
I would suggest that you speak to a lawyer in your area to find out exactly what you might be facing.
2007-03-30 06:09:11 · answer #2 · answered by Lokikona 3 · 0⤊ 2⤋
The answers below are a bit more moral in scope than legal.
It all depends on if you were breaking a law. Someone not driving can't be busted for driving under the influence. Someone drinking in a car in a state that has a law against open containers can be.
Otherwise, be happy you weren't harmed. Call a taxi or a friend next time.
2007-03-30 08:48:04 · answer #3 · answered by ChicagoSW 1 · 1⤊ 0⤋
Not for merely being a passenger, but if there are other actions of yours that contributed to the crash, possibly.
Was it your car, did you give him the keys, did you grab the wheel, did you distract him, urge him to drive faster, beg him to drive you home when you knew he was drunk, etc.
The question is what else you did besides just get in the car.
2007-03-30 06:34:28 · answer #4 · answered by open4one 7 · 1⤊ 1⤋
I have never heard of a passenger being charged with an accident unless you contributed to the accident. If you grabbed the wheel or you put your foot on the gas or something along those lines. The driver is the responsible party not you.
2007-03-30 08:34:28 · answer #5 · answered by nana4dakids 7 · 0⤊ 2⤋
Absolutely not.
A. They would have to prove somehow that you were drinking and driving. It's quite obvious you were not driving.
B. Unless you were handling the steering wheel, you in no way contributed to the crash.
C. They would have to prove that you in someway acted in a negligent or criminal manner to purposefully or recklessly cause him to crash.
D. Who are you to say he was drunk? They would have to prove you knew. Without you carrying a portable breathalyzer(sp) unit it would be near impossible to detect accurately. You're saying he is drunk is purely speculative and only opinion as far as a court of law is concerned.
E. If you were intoxicated, that pretty much cancels you out from being perceptive of what was going on, especially if you're intention was to get a ride home.
So, shut your mouth. Consult a lawyer. And don't let anyone make you ashamed of simply being in a car with an idiot. That is his mistake. Not you. God saved you from being hurt. Also, there's no mention of anyone being harmed by the crash or if you crashed into a PERSON, another car, or anything that would damage life. All other answeres are quick to jump to conclusions without any investigation. What is your #1 right as an American citize? You are INNOCENT **UNTIL** ****PROVEN**** guilty.
It doesn't sound like you are guilty of anything or have admitted any guilt except that you are aware you rode with a drunk driver. How you came to that conclusion, only you know. Be smart and be careful. Quit drinking.
2007-03-30 05:52:58 · answer #6 · answered by Charles A 1 · 3⤊ 3⤋
Are you simple or something???? fancy getting in a car with a drunk driver you both deserve to get the bok thrown at you!Do you know how many people needlessly die in RTA every year....get a life for Gods sake!
2007-03-30 10:08:36 · answer #7 · answered by leopardshaz 5 · 0⤊ 0⤋
There is no offence of being a passeger in a car with a drunken driver.As someone as pointed out and it is very rare if you were the owner of the car you could aid and abet the offence.
2007-03-30 09:14:36 · answer #8 · answered by frankturk50 6 · 1⤊ 1⤋
You could get done for aiding and abetting the driver - I think the full offence title is aiding, abetting, inciting or procuring the offence.
So, if you asked him to drive, or you egged him on, or in some other way helped or facilitated the crime, you could be prosecuted.
2007-03-30 05:41:06 · answer #9 · answered by Anonymous · 4⤊ 1⤋
Possibly, but the ultimate blame is the drunken driver's.
2007-03-30 06:36:34 · answer #10 · answered by WC 7 · 0⤊ 1⤋