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So a close friend really screwed up. jail time?
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Don Vito Corleone
Elite
***THIS IS NOT MEANT AS LEGAL ADVICE, AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP***
It's really a function of your state's laws. In all likelihood she will only be facing a misdemeanor charge for providing alcohol to a minor, which may have collateral consequences for her own drivers license.
In theory she might be civilly culpable (it depends on your state's dram-shop laws, which vary wildly from state to state), and defending that could cost a pretty penny. If your state allows a dram-shop cause of action, this will likely play out as follows:
- Old lady's family sues Lindsay-the driver (and perhaps Lindsay-the-buyer) for wrongful death, loss of consortium
- Old lady's insurance company sues Lindsay-the driver (and perhaps Lindsay-the-buyer) for property damage
- Lindsay-the-driver's insurance company hires her a lawyer. Lawyer answers aforementioned complaints, and (if the Plaintiffs haven't already sued her) cross-claims against Lindsay-the-buyer.
If Lindsay-the-buyer is hit with any of the above, you're talking about attorney fees well into 5 figures, plus the potential of a 6-figure or higher finding of liability. I don't see a reason for her to jump for a lawyer now, but she might want to do some research on local PI defense attorneys in advance, in case the process server comes a-knockin' at some point in the next few years.
It's really a function of your state's laws. In all likelihood she will only be facing a misdemeanor charge for providing alcohol to a minor, which may have collateral consequences for her own drivers license.
In theory she might be civilly culpable (it depends on your state's dram-shop laws, which vary wildly from state to state), and defending that could cost a pretty penny. If your state allows a dram-shop cause of action, this will likely play out as follows:
- Old lady's family sues Lindsay-the driver (and perhaps Lindsay-the-buyer) for wrongful death, loss of consortium
- Old lady's insurance company sues Lindsay-the driver (and perhaps Lindsay-the-buyer) for property damage
- Lindsay-the-driver's insurance company hires her a lawyer. Lawyer answers aforementioned complaints, and (if the Plaintiffs haven't already sued her) cross-claims against Lindsay-the-buyer.
If Lindsay-the-buyer is hit with any of the above, you're talking about attorney fees well into 5 figures, plus the potential of a 6-figure or higher finding of liability. I don't see a reason for her to jump for a lawyer now, but she might want to do some research on local PI defense attorneys in advance, in case the process server comes a-knockin' at some point in the next few years.
PingSpike
Lifer
Did the alcohol kill the old woman? Or was it the girl who drank the alcohol and then drove that killed her?
And as you point out "minor" just means "not 21 or older" here. And we hold murders accountable for their actions all the time that are technically minors.
I don't really like this law because it just seems full of holes. My theory is it came into being because the person who is responsible in drunk driving related deaths, the drunk driver, is usually dead. After they die, you have to find some one to blame. Kids are stupid, and they do stupid things when they get behind the wheel of a car....even when they aren't drunk they kill people.
Giving beer to a minor is giving beer to a minor. Make it illegal? Fine. Make its punishment insanely high? Fine. Make its punishment scale depending on the actions of another? Doesn't make much logical sense to me.
DainBramaged
Lifer
Skoorby is proud of you. I appreciated it when I was 17-18 and people were buying it for me, but I never bought it for others once I turned 19.[/quote]
This is so true. For some reason, when i turned 21, there was no way in hell that I would supply an underage person even though I used to get it from people all the time. Funny how that works.
Anubis
No Lifer
This is so true. For some reason, when i turned 21, there was no way in hell that I would supply an underage person even though I used to get it from people all the time. Funny how that works.[/quote]
i actually rarley got peopel to but it for me however in college i purchased booze for most of one of the freshman dorms, our suite was on the first floor of a 3 story freshman dorm when we were juniors, id come back from class to find envelopes with money and a list in them
GasX
Lifer
Society does not allow her to drink because she is no likely to be mature to do it responsibly. When someone illegally bought her booze, they assumed much of the responsibility for this girls tragic actions.
This case is going to get ugly for everyone involved - as it should as gross irresponsibility led to the death of an innocent woman.
Not with Lindsay any more. Broke up with Lindsay for at least a year and was on the rocks with her as a friend since then up until I ran into her/my friend Megan. I hadn't seen Megan for a few years, and when I met her I totally fell in love with her on the spot. Lindsay really hates me now because I dumped her and afterwords Lindsay, in an indirect way, told me she loved me and such, I still decided Id rather be with Megan.
Megan rejected me anyhow. I care for both and really haven't fallen out of love with megan. i want to talk to both of them, because of all our friends I've been through the most legal shlt and I could help them out more than anyone, but at the same time, relationships with both girls are (-1) and if I call them up now, i dont know if the drama that comes back to the table is less than what help I bring to the table.
Apparently, the detective is still asking questions, but I think somebody already narced Lindsay for providing the alcohol.
Here's where I'm feeling guilty. I broke up with Lindsay when she was about 20 and I was about 23. Im 24 now, almost 25, but when we were together, I always bought her alcohol to drink at parties, but I would be there with her to drive her home (or at least take her home to me). We were responsible about it, but I cant help but feel now that in an indirect way I'm the one that taught Lindsay it was alright to buy alcohol for minors..........
JeffreyLebowski
Lifer
Bullshit. She supplied alcohol to a minor, which is a criminal offense. If she hadn't done this it is possible that the accident wouldn't have a occured. She can and probably will be charged with manslaughter. Now if a jury convicts her is up in the air. But she will loose hands down in a civil case.
Don Vito Corleone
Elite
Ahem - no offense, but I take it you're not an attorney. There is no basis for a manslaughter charge here, and even the most forward-leaning county attorney wouldn't pursue such a charge. Under your theory, the carmaker, the most recent gas station from which the driver purchased fuel, her mechanic, and a host of other people would also be liable for manslaughter, since if they hadn't enabled her to drive in the first place, this death also would not have occured.
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