QUOTE (KandJ @ Nov 17 2009, 03:02 PM)
I have a question? When are passengers in a car (of course that are over 18) going to be held accountable for driving in a car with someone you know has been drinking? Not to bash someone that is in critical condition but I really think there needs to be a law passed that punishes passengers of a car if they are driving with someone intoxicated. Just because they are not the ones behind the wheel does not mean they are not wrong for 1 letting someone drive intoxicated and 2 for codoning it.
Such a law already exists, it's called Permitting Violation of Title. It's in the Vehicle Code, Section 1575. It's a catchall law that basically says if you permit another to drive in violation of ANY law you can be cited and the punishment will be similar. In the case of DUI the passenger would get the ticket and lose his/her license for the same period of time, and have the same fine (not to be confused with court costs). The problem is being able to prove that the passenger knew the other was unfit to drive because of alcohol. The passenger would basically have to admit to the offense. Plus the court trying the Permitting Violation of Title would be a lower court (DJ), thus the judges will likely exercise a lot more discretion. Since it is only a ticket, the cases where the police actually do charge such a violation usually won't make the paper or be reported to the paper.