Quote:
Originally Posted by TiltonBB
I am just curious, not passing judgement.
Do you think that the passenger who accompanies the driver for the evening and observes all of the alcohol the she drank (whatever the volume) bears any responsibility for her own demise?
If the jury decides that the alcohol was the determining factor in the accident would you think that the passenger should have refused to ride in the boat?
I'm not expressing an opinion, just asking a question.
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In my opinion, the passenegers actions have no bearing on the criminal aspect of the incident. The actions could come into play in a civil trial.
In determining guilt, I don't think a defendent can say "I'm not guilty because my friends should have stopped me".
But in a civil trial the passenger or their family is suing for damages. The driver's lawyer could say the passenger should have known better, given the circumstances.
This is pure conjecture based on your question.