Two friends, Rebecca and Michelle, attended a performance called ‘An Evening

Two friends, Rebecca and Michelle, attended a performance called ‘An Evening with Oprah’ with Oprah Winfrey. A ticketing issue at the box office caused the performance to be delayed by one hour so Rebecca and Michelle passed the time drinking wine together at one of the venues many bars. After the performance, Rebecca realised that Michelle was too drunk to drive but accepted a ride home anyway. When Michelle started driving dangerously, Rebecca twice asked to get out of the car. Michelle continued driving and crashed the car. Rebecca sustained serious injuries including a broken leg. She now wishes to sue Michelle in negligence for her losses.

Advise Rebecca
800 words

Expert Answer

Drink and drive is a serious offence and Michelle would get punished for sure. But the same time the co passenger Rebecca who is the victim of the accident was also drunk. She knew that Michelle was too drunk to drive but still she allowed her to drive home. Later though she tried to stop the car, she should not have allowed her in the beginning itself. The accident might have caused damages to other people and properties too. Rebecca should have stopped Michelle from driving and taken the help of some other driver who is not under alcohol to drive home safely. When Rebecca sues the petition police will make both of them to undergo the alcohol test and Rebecca also would be punished for her negligence.

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Rebecca should understand her responsibility as a citizen to prevent anything doing harm to public life and properties. She should learn from her mistake and should not repeat. It is every citizen responsibility to stop anyone from drinking and driving. Co passengers can never escape from their responsibility.

But still she may not get punished severely as Michelle since she did not undergo any criminal activities and she is the victim. There are chances that she may be fined a small amount and sent home. It depends on the police officer and the judge. Sometimes she can be sent back without any charges. Since she broke her leg, Rebecca can sue Michelle to compensate for her losses. She needs to inform the police and collect evidence like alcohol report, witnesses and police report on the incident to show that Michelle was drunk while driving.

Police will measure the alcohol content through breathalyzer or blood test. If Michelle is found to be under the influence of alcohol more than the permissible limit, she will get punished. She will be presented before the judge and Michelle also would get chance to arrange a lawyer to defend the charges. Since Michelle made accident and broke Rebecca’s leg she might be punished to pay for the losses. She might be sent to jail also.

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