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According to statistics, seniors in Florida will make up 27% of the state’s population by the year 2030, making it the greyest state in the US. Gail Holley of the Florida Department of Transportation’s Safe Mobility for Life program says that more needs to be done to ensure that drivers know when they must hang up their keys in order to prevent car accidents.

According to the AAA, some drivers develop conditions such as arthritis and other conditions which impair driving. Others take medication with severe side effects. In some cases, drivers can operate a car safely into their 90s. In other cases, drivers in their 30s and 40s are dealing with chronic conditions that affect their ability to avoid a car accident. Therefore, it is not age alone that determines driving fitness. However, drivers who are elderly are more at risk for many serious illnesses and may have conditions such as osteoporosis, which can contribute to serious and fatal injuries in the event of a traffic collision.

The AAA suggests that family and friends speak privately to someone who may be having problems driving. According to the organization, it is important to avoid making demands or lecturing the driver. This can be a challenge, since in some cases a driver may be in denial about their situation. If the driver has never gotten a ticket and still has a perfect driving record, for example, they may be reluctant to admit that they have developed some driving challenges. It is also important to discuss transportation alternatives. Many drivers in Florida are reluctant to surrender their driving privileges because they fear losing independence. It may be important to discuss alternatives such as shuttles, taxis, and other resources (as well as their costs) to reassure a driver that they will still be able to get around when they need to.

If you have a friend or loved one who you believe may be an at-risk driver, it is important to take steps to help them before they are injured in a Homestead car accident. Offering alternatives and discussing their medical condition can help. Keep in mind that it is not only the elderly who may have trouble driving due to a health condition. A younger driver with a chronic health condition may still be at risk of causing a Homestead truck accident or Homestead motorcycle accident if their condition affects driving ability. If you yourself have been diagnosed with a chronic condition, discuss your with your doctor and ask how your condition will affect your driving ability. It can be frightening to have a health concern and even more frightening to contemplate giving up your car keys due to a health condition. However, it is important to make the right decision in order to avoid a Homestead traffic accident.

Florida Car Accident Lawyer Blog

Is it possible to be an accomplice to drunk driving – that is, to be convicted of “aiding and abetting” a person who was driving under the influence of alcohol?

In one case in Maine, two men were drinking together in a bar.  When they left, the owner of the car had his friend drive since the friend was less intoxicated.  The two were stopped by the police, and the owner/passenger was taken to a police station — where he refused to take a breath test because he said he had not been driving.  He was subsequently charged with operating or attempting to operate a motor vehicle under the influence.  At trial, the jury found him guilty as both a principal and an accomplice. 

On appeal, the court held that the accomplice statute applied to drunk driving offenses, and that the evidence was sufficient for a jury to find both the intent and the solicitation necessary for accomplice liability.  The defendant, said the court, had the specific intent to enlist his accomplice/friend in driving under the influence.  State v. Stratton, 591 A.2d 246 (Me. 1991). 

How far can this go?  Can you be guilty of letting a friend drive while intoxicated?

The majority rule in American courts today is that any passenger, including the owner, can be held criminally liable as an aider/abettor in the commission of the offense of DUI.  Nor is there any requirement that the accomplice be a passenger in the vehicle.  In Guzman v. State, 586 S.E.2d 59 (Ga. App. 2003), for example, the defendant was convicted of two counts of vehicular homicide when he allowed a 14-year-old to drive his bother and a friend in the defendant’s vehicle after having given beer to the boys.  His criminal intent was inferred by his conduct in giving the driver alcohol and the car keys, then standing silently by as the 14-year-old got behind the wheel and drive away.

Note:  Drunk driving is a general intent crime — that is, it doesn’t require proof of an intent to drive under the influence.  Accomplice liability ("aiding and abetting"), on the other hand, is a specific intent offense — it requires proof of an intent to assist the commission of a crime.  Query:  Assuming the validity of an accomplice theory, could not the accomplice’s own intoxication degate the specific intent required to be an accomplice?
 

DUI BLOG