hypothetical. should Billy be prosecuted?

[© tweed]

Billy gets home from his job as a bank teller on a Tuesday night around 5:30pm.  he proceeds to consume three beers per hour and smoke about .25grams of marijuana every hour until 11:30pm.  at which point he hears a big thud in the adjoining room.  his grandmother hits the deck with what appears to be a heart attack or stroke.  Billy drags his 95lb grandma into the backseat of his car and attempts to drive the 1.5 miles to the local hospital, feeling he can get there within 5 minutes, faster than an ambulance.  about halfway there a cop begins to trail Billy and signal that he should pull over.  Billy decides time is of the essence and, with the cop on his tail, drives to the emergency room and lugs his grandma in. 

the cop follows Billy into the ER.  Billy fails a sobriety test, blows a .33, and is arrested and charged with DWI and with resisting arrest.

you're now in prosecutor Marty Moran's shoes.  how do you handle State of NY vs Billy?

[nolesfan2011]

pursue only the DUI charge, resisting arrest can be waived because he was doing something out of a medical emergency. However, his impaired driving could very well have caused an accident that could hurt, perhaps even kill another driver/passenger on the road, meaning that the DUI charge should still be pursued because of the risk he caused while driving impaired, even if it was because of a medical emergency and well meaning, still caused danger.

[Supersonic]

Pursue both charges.

[Maxwell]

Only the DUI.

[Dr. Cynic]

Only DUI. Most cops wouldn't even charge resisting arrest if he ended up outside the ER because they would know what was happening.

[Goldwater]

Only the DUI.

[TNF]

Drop both charges. Billy should not be prosecuted for trying to save his grandmother's life. He did simply what most (if not all) of us would have done in that situation, myself included.

[DC Al Fine]

This is a good example of when a suspended sentence is appropriate.

[True Federalist (진정한 연방 주의자)]

Depends upon the circumstances that led to him being pulled over.  If was just plain speeding, no charges.  If he was weaving, or running stop signs or lights, then DUI.  But no resisting arrest in either case.

[traininthedistance]

That's eighteen f[inks]ing beers.  I don't care how much you like booze and dislike police, the DUI charge is obviously appropriate (I'll grant that mitigating circumstances apply when it comes to resisting arrest, though).

[© tweed]

That's eighteen f[inks]ing beers.  I don't care how much you like booze and dislike police, the DUI charge is obviously appropriate (I'll grant that mitigating circumstances apply when it comes to resisting arrest, though).

then finksing ban alcohol.  Billy only drove because his grandma would have died -- and, given a few bereavement days from the bank, he'd have made 18 beers look like a novelty act after her wake.

[patrick1]

18 beers over 6 hours really isnt that much for a drinker with a tolerance, especially one who throws it back on a Tuesday.  Don't condone driving about with it but prosecutors/judges should have some leeway with the charges. Billy aint probably winning any employee of the months comps.

[bedstuy]

If you smoke 5 bowls and have a BAC of .33, it's a miracle if you can drive a car even for a minute. I would give this guy the key to the city just for being able to accomplish all of that.   

But, seriously, this hypothetical guy put other people in grave danger by driving a car while basically unconscious.  There are extenuating circumstances, but he brought that circumstance on himself. 

[Boris]

Yeah, there's no way in hell anyone could ever smoke 1.5 grams of weed by themselves while simultaneously drinking 18 beers in a night without getting the spins and passing out.

[The world will shine with light in our nightmare]

Just the DUI, assuming he was driving recklessly.  It's pretty clear he was putting people's lives in danger even as he was trying to save another life, and "I think I could've gotten there faster" probably wouldn't hold up in court.

[Wake Me Up When The Hard Border Ends]

Both charges, he should have just called the ambulance, no-one is fit to drive after drinking 18 beers and any amount of weed.

[minionofmidas]

his job as a bank teller

Drop criminal charges, turn him over to the Obamacare death panels for speedy execution.

[True Federalist (진정한 연방 주의자)]

his job as a bank teller

Drop criminal charges, turn him over to the Obamacare death panels for speedy execution.

After all, we do need to fill up our organ banks.

[Grumpier Than Uncle Joe]

You'd have to be drunk and stoned to do what he did.......oh, wait, nevermind.

DUI charge only. 

[Leftbehind]

Drop both charges. Billy should not be prosecuted for trying to save his grandmother's life. He did simply what most (if not all) of us would have done in that situation, myself included.

[Darth Plagueis]

Only the DUI TBH.

[Vosem]

He probably wouldn't be charged with resisting arrest if he ended up outside the ER. Charge him with the DUI, but, like DC said, this is a good example of when a suspended sentence is appropriate.