ABA Journal


Criminal Justice

Can drivers be so drunk that they can’t exhibit depraved indifference? New York high court to decide

Oct 10, 2013, 11:35 am CDT


Perhaps the decision to become that drunk is the "depraved indifference."

By B. McLeod on 2013 10 10, 12:08 pm CDT

@B. McLeod - we agree on something! We agree on something! If an individual knows that he or she will need to drive home that night, or is planning on driving anywhere, that person is demonstrating depraved indifference by getting so totally smashed that he or she can't think or formulate the idea of "oh, wait . . . . this could be bad."

By RecentGrad on 2013 10 10, 1:15 pm CDT

D'accord! Isn't the legal theory something like "transferred intent?"

By Walt Fricke on 2013 10 10, 8:31 pm CDT

Assuming, of course, that the defendant was in fact responsible for themselves becoming that drunk
(i.e., voluntariness issue). (chuckle)

By charlegman on 2013 10 10, 9:27 pm CDT

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