Drunk Driver Killed - All Who Saw Him That Night Are Charged

[n2runnin]

My question involves criminal law for the state of: GA

My underaged daughter was at a party where a boy later left drunk and killed himself in a car wreck. Even though no police were at the party and no breathalizers were given, all who were there at any time were later charged with furnishing that boy with alcohol and possession even though not everyone was drinking and they left before the boy did.

Also, a designated driver got the boy home alive, and the boy went back out. Shouldn't his parents be liable? I just don't see how my child is responsible for this boy's death...

Are these charges valid?

Thanks in advance for your input.

[OhMy]

I am sorry to hear about your problem.

Can we have some ages here? the age of the BOY who died, the age of your child, and the ages of the others.

Was the "BOY" under the legal drinking age? Was there an adult who served the "BOY" the drinks etc?

More details please.

[n2runnin]

Thanks for responding. The boy was 19 and the host and other kids at the party were all underage. The store owners (where the boy bought his own alcohol) were the only adults involved; they're indicted on more severe charges.

[n2runnin]

It's me again...I don't think I gave you enough info. The kids ranged in age from 18 to 20. I hope this helps.

Long story short, they were in the wrong place at the wrong time.


Thanks again for your input.

[Betty3]

If your daughter was charged, I believe I would get an attorney.

[OhMy]

If your daughter was charged, I believe I would get an attorney.

I agree with Betty. Although what you say sounds like your daughter was charged and she was just at the party, you really do not know the entire story.

The police probably did a complete investigation and decided to charge everyone for a reason.

There is a good chance you are not getting all the details.

By charging the store that sold to the 19 year old boy was a good start by the police. However, do you know if other drinks where given to the boy other then what he purchased himself? No.

At this point since your daughter was charged, you do need to find her a good lawyer in your area. This site can link you to a lawyer who can help you. I hope this all works out for you. Good luck.

[kist]

You might also consider holding off on the lawyer until the last possible minute because this sounds like a classic police overreach that will probably be dropped once it hits the prosecutor or parents start applying pressure. Let the other parents pay for it.

[BOR]

My question involves criminal law for the state of: GA

My underaged daughter was at a party where a boy later left drunk and killed himself in a car wreck. Even though no police were at the party and no breathalizers were given, all who were there at any time were later charged with furnishing that boy with alcohol and possession even though not everyone was drinking and they left before the boy did.

Also, a designated driver got the boy home alive, and the boy went back out. Shouldn't his parents be liable? I just don't see how my child is responsible for this boy's death...

Are these charges valid?

Thanks in advance for your input.

I am far from a criminal law expert, but I can see no probable cause to charge everyone at the scene with "furnishing" unless your state permits some type of "joint liability" charge??

I find it similar to a Dram shop law, if there are 4 barmaids at a tavern and just 1 continues to serve alcohol to an intoxicated person and he leaves and commits vehicular homicide, only the server is liable and maybe the owner/agent, not the other three barmaids or bartenders.


In a similar home setting the "social host" would also be liable for any death.

It can be argued, yes, once the boy was home, the "continuing" crime was no longer just that, it was broken and any imputed liability ceased. I have seen case law to this effect concerning a break in time.

BUT, as ohmy states, the "exact" investigation facts may not be known to you.


However, I am of a very strong opinion for a criminal law attorney be consulted, especially since a death was byproduct of such charge, don't delay.