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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Adult Pressured 20-Year-Old Into Drinking and Driving

    My question involves criminal law for the state of: California
    My 20 year old daughter visited a "friend" she had been in Cosmotology school with in Orange county. She is a 45 year old divorcee with children my daughter's age. They decided to go to a houka bar to meet other friends from the school, and the woman asked my daughter to drive. She brought a large cup of wine with her, and my daughter had several sips. While at the houka bar, the woman left and returned with a bottle of wine, which she shared with the others... my daughter included. She then insisted on leaving, although my daughter wanted to stay. On the way to her place she was directing my daughter, and they got lost. They were pulled over for not coming to a complete stop at a sign, and my daughter was subsequently arrest and charged with DUI. She had not eaten all day, and blew a 0.12. My daughter claims she felt pressured to drive. Is the 45 year old culpable? Should we sue?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: 45yo Provided the Etoh and Insisted 20yo Drive

    Is the 45 year old culpable?
    No. Peer pressure is not a valid defense to a DUI. Neither is it a valid defense to underage drinking - which I'm quite surprised she was not also busted for.

    Your daughter is a grown adult, with the capability of saying NO. She made the choice to say Yes instead, and now she needs to take responsibility for it.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 45yo Provided the Etoh and Insisted 20yo Drive

    the 45 yo is not culpable for your daughter driving after drinking. That is wholly on your daughter. It was your daughters choice to drink (Illegal for a minor) and drive while intoxicated. (illegal for anybody)

    Now, you might be able to make some claim about the 45yo providing a minor with booze but that is not going to alter the daughters charge. Your daughter was not forced to drink nor drive.

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