Dr. Burgess-Jackson,
Late one night, near the end of summer, I received a phone call from a 19-year-old friend. When I answered, I could immediately infer from her speech that she was inebriated. After talking to her for a couple of minutes, I determined that she was driving.
"Are you driving?" I asked her. She said yes.
Never mind that the law forbids her, as a minor, from drinking; she is operating a motor vehicle while drunk (also illegal), which could result in harm to both herself and others.
At this point in the conversation I know what roads/highways/streets she is on in Ft. Worth. I also know she does not want to park and sober up; she wants to get home. What are my moral and legal obligations, if any?
I considered the following:
a. Hang-up the phone and pray she arrives at her destination unscathed.
b. Talk her into parking, call the police, give a description of her vehicle and where she is parked.
c. If she does not park, call the police, give a description of her vehicle and general whereabouts.
d. Talk her into parking, bring another friend to follow in my car while I drive her car home.
Scenario (a) is the least attractive, in my mind, of the 4. If something were to happen, I would not be able to forgive myself. Furthermore, if anybody discovered I was the last person she spoke to via cellphone records, could there not be legal repercussions?
Scenario (b) is unattractive. As her friend, I know this is an isolated incident and not a regular occurrence. As such, I would not like to see something like a DWI go on her record—just and right as it may be. If police officers decide to go easy on her as a result of her realizing her error and parking, they might be lenient and slap only a minor in possession on her.
Scenario (c) is unattractive for same reasons attributed to (b), minus the "If police officers decide to go easy on her as a result … "
Scenario (d) is the most attractive, in my mind, as she parks—removing the potential for harm from the roads—and she does not experience any legal repercussions.
What say you?
Mark
Note from KBJ: What do you think I am, Mark, a wise guy? I'm a philosopher, not a wise guy! Perhaps my readers can tell you what you should have done (and should do, should the situation reoccur).
Keith Burgess-Jackson, J.D., Ph.D. 