TYT: Drunk Woman Faces 30 Years In Prison For Handing Keys Over...

[ihavenobias]

Via The Stir: "When 21-year-old Erin Brown was too wasted to drive her Toyota Scion home after a night out on the town, she gave the keys to her boyfriend, Trevor Bradshaw. Which would've been a responsible decision, except he was drunk too — and ended up hitting and killing two pedestrians as he swerved through the streets of Nashville. That's tragic in and of itself. But prosecutors are now dusting off a rarely used law to charge Brown with vehicular homicide right along with her man, citing that anyone who knowingly hands over their keys to an intoxicated person is just as liable for any damages as the individual behind the wheel. Now she's facing 30 years in jail because she wasn't astute enough in her drunkenness to realize that her boo was too tipsy to drive...".* Ana Kasparian, Jayar Jackson and former prosecutor Steve Oh discuss on The Young Turks.

http://thestir.cafemom.com/in_the_news/133358/drunk_woman_hands_over_car

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[elleng]

1. Hope she has decent counsel.

'Knowingly' is the big issue here; she was too drunk to drive, could she/did she 'knowingly hand her keys over to an intoxicated person?'

[BattyDem]

2. Exactly!

She handed the keys over to someone, so she obviously didn't want to hurt anyone. The law is being misused here. A person would have to "knowingly" hand over the keys to a drunk driver, but how could an intoxicated person have the capacity to make that determination in the first place?

[xtraxritical]

10. The law is usually being misused.

A law cannot become a law until it is "promulgated", which means made known to the public. There are thousands of laws on the books that no one ever heard of yet they are considered as promulgated merely because they're "on the books". The police and courts find innumerable laws that no one ever heard of, to make people's lives miserable with, and enhance their police powers. TPTB can always find something to charge. Zeig Heil.

[IDFbunny]

19. When something tragic happens

there is a new rush to pass laws that would have prevented it. So the laws continue to multiply.

[ewagner]

12. good point

did she have "diminished capacity" to make that judgement?....or, does it pass the reasonable person test? Was she a "reasonable person" at the time she made the decision?

[99th_Monkey]

3. We must keep our prisons at >90% capacity

according to private prison corporation contracts with local and state governments.

[midnight]

11. That's what I thought reading this...

[Joe Shlabotnik]

4. At this rate eventually everybody will be guilty of everything.

The increasing moralizing, demonizing, blaming, shaming and nonstop 'outrage' is a slippery slope towards a circular firing squad. I'm sick of it.

[alcibiades_mystery]

5. So-called "victim's rights" and the rest of the law and order bullshit leads to this

Many of these fuckers here, too, believe me. They want pain for everybody, and preferably forever. No need to wonder how the medieval Christians invented their hell. We have the same longing in our society and even on these boards everyday.

[90-percent]

6. Mass criminalization

It's Spanish Inquisition Crusades Medieval justice.

I learned the term mass criminalization from my hero, Frank Zappa. basically, we have so many laws slathered all over the place that, at any given time, strictly due to mathematical probability, you're probably breaking some law somewhere. If the powers that be don't like you, they can persecute you by selectively enforcing obscure laws all over your ass.

Just another mechanism for our current kinder and gentler police state.

I sure hope a jury of her peers can see this for the bullshit injustice that it is!

-90% jimmy

[snappyturtle]

7. I admit I haven't read the link yet but do we know this young girl

will have a jury trial?

[90-percent]

8. jury trial

I watched the link and the case is probably not far enough along to go down that road.

I hope it gets thrown out in the meantime. 30 years is not justice, it's wrecking a life simply because the state can.

-90% jimmy

[elleng]

13. Doesn't say, but

article has received over 400 comments, so I expect that aside from a jury's view of her ability to have any sort of intent, or her capacity, prosecutor may rethink his/her approach to this one.

[socialindependocrat]

9. She was drunk - poor decision

This is bunk!

She did a commendable thing in handing over her keys
and not driving.

We need to get rid of these stupid laws
that some idiot has put on the books
just to make people's lives miserable.

Let her go!

[saras]

14. So who are the actual people making the decision to prosecute, and why are they getting a free pass?

[BigD_95]

15. So what everyone is saying is

the entire time she is out drinking with her boyfriend she didnt notice he was drinking??

Come on, I know I been there. You know when people are drinking. She knew he was drinking and probably a lot. Its her car & her keys. She gave them to him she also is accountable. Not 30 years but like the guy said they over charge so she pleads to a lower charge & she should be held accountable. If she was in mind to hand him the keys she was in mind to call a cab.

[davidthegnome]

16. I doubt she was counting his drinks

She was drunk - I don't think an intoxicated person can be (or should be) expected to be able to determine the sobriety of someone else. Should she have given him a sobriety test?

I do not think she should be charged for this - she may have known he was drinking, but it is often difficult to determine when a person is actually "drunk", for a sober person (unless they're totally hammered), let alone someone already intoxicated. Not everyone can afford a cab - if the man decided to drive drunk, the consequences for those actions should be his. He also could have called a cab, or refused to drive, or done any number of other things.

[JoeyT]

20. "Like the guy said, they overcharge so she pleads to a lower charge"

Which in and of itself shouldn't be allowed. It's an attempt to coerce someone that may be innocent into waiving their right to a jury trial, and it's bullshit. It's one of the many ways innocent people are convicted every day.

[snappyturtle]

17. I think if states are out to protect the public good that

breathalyzers should be installed in places that serve alcohol. I know in some states
the establishment is also responsible for the acts of a drunken person if harm comes
to others after they leave and take to the road.

[20score]

18. Too bad all prosecutors are not like Steve Oh.

Some of them seem to be psychopaths. Seriously. (There are much worse examples than this, and this is pretty bad.)