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by Aachen 51 days ago
Who does it benefit if an accident ruins a second life?

What does a jail sentence deter? ("[no] gross negligence [...] wasn’t engaging in a race or sideshow, was not texting, and was not under influence")

This person was 80 years old with no criminal record, needs to pay $67400 in restitution, do 200 hours of community service, isn't allowed to drive for 3 years but "never intends to drive again". Apologised to the family of the victims. She's taking responsibility and I can't imagine forced labor at that age is fun. What more can you ask for here? The family member isn't coming back if she gets what's not unlikely to be a life sentence

Edit:

> She told a witness at the scene that she was trying to park her car when she accidentally moved her foot to the gas pedal.

This seems to happen a lot. Don't know about statistics but this happened to someone I know at 50yo (thankfully only damaged their own car minorly), and you hear it on the news with some regularity. Maybe the gas needs to be in a fundamentally different spot from the brake? We can jail the people to whom it happens, sure, but I can understand a judge using their head instead of their heart. The real solution must come either from the automotive industry or legislation

8 comments

> Who does it benefit if an accident ruins a second life?

The next person they'd mow down. (Also, retribution. It's a real human need and attempts at philosophising it away degrade trust in our justice system.)

> isn't allowed to drive for 3 years

This is the wild part. No! You don't drive again!

> What more can you ask for here?

For her to have recognised her own limitations before they took lives. Failing at that, her family–or literally anyone who cared about her, and didn't want to see her spend her last years in jail–having taken initiative.

Huh? We're talking about someone who's not going to drive for 3 years at 80 years old. Who else are you foreseeing they'll "mow down" if you don't jail them for life

> For her to have recognised her own limitations

Surely I don't need to look up the statistics of people under 30 killing others by accident. We're humans, not infallible. The judge didn't think they took any undue risk here

But sure, enact your vengeance on the person that fate picked out. Comment sections are always full of it anyway so I'm sure the voting booth will be too and this is just going to spread

Banning someone from driving is basically a nonpunishment as driving on a suspended license is barely enforced. Most people with suspended licenses keep driving.
There needs to be something. I am not saying JumpCrisscross is right, but... I was a paramedic, and the sheer number of geriatric drivers who in zero way shape or form should be anywhere near the wheel of a vehicle is ... staggering. My go-to anecdote?

Called out for an eval with law enforcement, thankfully non injury (however, there -are- about half a dozen vehicles who are going to be filing insurance claims).

Grandma is on her way to the doctor, and is in husband's old Caddy. Problem, she couldn't figure out what to do at "the worst roundabout she'd ever seen" and kept circling it, causing other cars to swerve off the road into drainage ditches, over curbs etc.

Know why it was the worst roundabout she'd ever seen? Because it wasn't a roundabout. It was a T junction and there were those concrete lane separators. According to witnesses she'd been circling it for several minutes, occasionally putting the car into reverse to navigate it.

"Ma'am, where are you headed?" "My doctor, for an appointment". "Where's your doctor's office?" "[insert town name 40 miles away from us]" "And where do you live?" "[insert same town name]" She's nowhere near that town, there's no understood way she got from there to here other than mass confusion.

So LE call her adult kids, while we're assessing her, and figuring out a plan. They've also discovered in the meantime that her license was medically revoked five years prior by said doctor.

Kids: "Oh that? That doctor has no idea what he's talking about, she's perfectly competent, he just doesn't like her. She tells us she's fine to drive and we've been telling her we agree with her" and "What do you mean you're going to have her car towed? We can be there in two hours. Can't she just stay there with the paramedics til we get there?"

Cops: Your mom is about to be hit with at least six or seven insurance claims that are going to argue that the doctor, and the DOL, were right, and that your mom actually isn't medically suited to be driving.

I still guarantee she probably didn't face any legal consequences beyond insurance, though. Certainly we were never called as witnesses. And her family probably still thinks it was a fluke and that her doctor was just an asshole when he had her license revoked.

> This is the wild part. No! You don't drive again!

She's not going to drive again.

> For her to have recognised her own limitations before they took lives.

This is something that humans suck at.

> Failing at that, her family–or literally anyone who cared about her, and didn't want to see her spend her last years in jail–having taken initiative.

You shouldn't punish her for other people failing to take action.

> She's not going to drive again

She gets her license back. That's wild.

> This is something that humans suck at

Not usually with fatal consequences. These were preventable deaths. Not only that, the driver was being incredibly reckless, apparently driving 70 mph in a residential area.

> You shouldn't punish her for other people failing to take action

You're punishing her for being criminally reckless. You're creating an incentive structure that should reduce the frequency of future criminality.

> She gets her license back. That's wild.

In 3 years, at age 83, if she wanted to... she could try and take the driving test again and become licensed. This is just not going to happen :P In the end, the court can only prohibit her from driving while she is on probation.

Would it be great if this time she could be banned forever? Sure. But there's reasons why we don't just let judges make up arbitrary penalties and permanent restrictions on their own.

> Not usually with fatal consequences. These were preventable deaths. Not only that,

Humans don't misestimate their remaining ability with fatal consequences?

> the driver was being incredibly reckless, apparently driving 70 mph in a residential area.

Yes, by confusing gas and brake. She clearly has significantly reduced capacity.

> You're creating an incentive structure that should reduce the frequency of future criminality.

I do not think that the behavior of 80 year old people will be meaningfully changed by the degree of punishment applied here. This is a person that has lost a significant degree of capacity; unfortunately, humans losing capacity tend not to realize it or correctly estimate how much they have lost.

> she could try and take the driving test again and become licensed. This is just not going to happen

Why? More importantly, why is it on the table?

> the court can only prohibit her from driving while she is on probation

This seems incorrect. Lau was placed on probation for 2 years and had her license revoked for 3 [1].

> Would it be great if this time she could be banned forever? Sure. But there's reasons why we don't just let judges make up arbitrary penalties and permanent restrictions on their own

Straw man. Harsh and arbitrary are mostly orthogonal.

If you kill someone from behind the wheel, and you are at fault, the default punishment should be long-term license revocation and jail time. In almost no case do I see a reason for removing the requirement to spend time in prison altogether.

> Humans don't misestimate their remaining ability with fatal consequences?

Humans get taken off the roads and otherwise criminally incapacitated.

> do not think that the behavior of 80 year old people will be meaningfully changed by the degree of punishment applied here. This is a person that has lost a significant degree of capacity

I do. If the headline were she got years in jail, I'd bet at least a few families would weigh the cost of confronting a relative against the risk that they have to see them behind bars.

[1] https://sfstandard.com/2026/03/20/mary-lau-sentenced-probati...

> I'd bet at least a few families would weigh the cost of confronting a relative against the risk that they have to see them behind bars.

See my comment just above, where I reply to someone who replied to you. "Confronting a relative"? Shit, I'd be happy if a few less relatives actively enabled people, "That doctor doesn't know what he's talking about, you're fine, mom, besides, it's kind of a pain for us to drive 10 minutes over to your house to help with an errand and then 10 minutes home. Just drive, no-one's going to pull you over."

> Straw man. Harsh and arbitrary are mostly orthogonal.

It's "arbitrary" because it's something that the legislature has not specifically allowed for. We do not allow judges to make up things on the spot for good reason.

> I do. If the headline were she got years in jail, I'd bet at least a few families would weigh the cost of confronting a relative against the risk that they have to see them behind bars.

I think the chance that grandpa might see prison time for driving is not really something that is going to change things much for families compared to "grandpa might kill someone" or "grandpa might get himself killed."

So your hypothetical is that someone reads the headline "elderly woman kills family of four with car due to incapacity, receives no jail time" and goes "oh, no jail? No biggie" but if they read a headline "... and receives life in prison" they're going to rush out and take away grandma's keys because now they care?

Really?

> Not only that, the driver was being incredibly reckless, apparently driving 70 mph in a residential area.

I don't defend that woman at all and as someone who walked by that intersection on the day of the incident, 70 mph seems physically impossible there for a reasonable driver.

But it was not a totally residential area, it was a major transit hub of that part of town, where light rail and bus lines meet, a verrry short block away from lots of retail and restaurants.. That actually is an argument to go slower than in a purely residential area, because it's actually a congested area.

> She gets her license back. That's wild.

Definitely not given back. If I didn't misread it, she needs to take a new driver's test at 83, which she already declined applying for (though it'll be her right; we'd have to see if she stays by the decision or if the examiner deems her a safe driver)

> You're punishing her for being criminally reckless. You're creating an incentive structure that should reduce the frequency of future criminality.

Wtf? Try applying logic somewhere in the process. People don't enjoy killing others by accident, paying 64k, 200h community service, three years of trying to use American public transport before you can start the process of getting a license back, going through a whole court system, and, y'know, guilt that I'd imagine would cripple me for years

Edit: I'm very surprised, reading your other comments, they're overall legit sensible. Really struggling to comprehend how, here, you get from "someone did something by accident" to "you need life punishments or they'll have an incentive to mow the next person down". There's zero incentive for citizens to kill people in any society that I'm aware of, again even ignoring the internal problems it causes

> Definitely not given back. If I didn't misread it, she needs to take a new driver's test at 83, which she already declined applying for (though it'll be her right; we'd have to see if she stays by the decision or if the examiner deems her a safe driver)

Pretty likely that DMV Driver Safety has her record flagged and wants some additional evidence of medical capacity if she reapplies, too.

Your full-throated defense of Mary Lau is completely beside the point (and for what it's worth, it would be a fifth life, not a "second" -- she killed an entire family of four). GP claimed that human drivers who commit vehicular manslaughter get the book; they don't.
Sorry if my throat sounded full to you, just writing what I think fits the context. In this case, apparently an 80yo getting punished in various ways is what GP had as example of how criminals are getting off easy. I see this pattern constantly, where people can't be bothered to read an article with the background info (much less the court case summary itself) but join the march and sign the petitions to lock the person up for life or whatever the outcry is

It feels unfair to me, like it could have been me or the commenter in a parallel universe, and I don't expect either of us are evil and intending to do bad, so I bring up what the article actually says were the circumstances (no intent or recklessness proven beyond doubt) and consequences (at least, besides the guilt factor). Don't you feel this could happen to you tomorrow just as easily as to anyone else? Should you get a worse punishment than all of what this woman got (see above) for getting into an accident with a fatal outcome? (Assuming you drive a vehicle, of course)

> Don't you feel this could happen to you tomorrow just as easily as to anyone else?

No; unlike Mary Lau, I don't choose to drive while incapacitated.

> they don't.

When there's significant extenuating circumstances or "the book" wouldn't serve the purposes of justice, they don't.

What would 'getting the book' look like in concrete terms?
If you're familiar with the phrase "throw the book at," it refers to a maximum severity punishment: https://www.merriam-webster.com/dictionary/throw%20the%20boo...

Citing a random source for CA vehicular manslaughter law, it looks like you can get up to six years: https://www.kannlawoffice.com/california-penal-code-section-...

So, like, a six year prison sentence? Maybe more for multiple counts here? At least revocation of driving privileges forever (she's not getting any younger)? None of that happened.

They intentionally moved assets to their family members to avoid liability, right?

Laws are also meant to deter bad behavior, people who aren't able to drive safely should know there will be consequences

People will change their behavior. The function of prison sentences is deterrence.
> function of prison sentences is deterrence

As well as incapacitation and retribution.

As well as making acquaintances with other criminals at a time where you're losing your job, apartment, your social network if the sentence lasts long enough

But, yes, also those two. It's a very multifaceted sword, and thankfully not the only option, not for any of the three goals

Impulsivity is definitionally the absence of forethought. Deterrence doesn't affect crimes born from impulse.
> Deterrence doesn't affect crimes born from impulse

And yet I've seen way more people call an Uber instead of drive home drunk not because they thought they'd kill someone, but because they didn't want a DUI.

Sounds like the insight is that people have varying degrees of forethought. Crime isn't mono-causal and therefore solutions shouldn't be expected to be monolithic.
> solutions shouldn't be expected to be monolithic

I don’t see anyone in this thread arguing for this. Just backing up the notion that vehicular manslaughter is almost tolerated by the justice system.

Perhaps an unintentional use of the definite article?

> The function of prison sentences is deterrence.

The definite article is typically used to indicate 'there is only one'[1].

1. https://learnenglish.britishcouncil.org/free-resources/gramm...

To put it another way: crimes of pure impulse, with zero forethought, are a subset of all crimes.
And incapacitation!
And taking away a license in order to achieve that in the case of traffic offences couldn't possibly be the cheaper option for deterrence or incapacitation
It's both cheaper and less effective. (And Mary Lau didn't even lose her license.)
And they're the only option, right?
> What does a jail sentence deter?

Other irresponsible drivers.

How would I know I'm going to kill someone on the road today and stop doing that thing?
Don't drive intoxicated, tired, distracted, or physically impaired by age or other means.
There's a test every 5 years after iirc 65yo where they check things like response time, if you have enough strength for handling the wheel completely unimpeded, and if you aren't suffering from dementia. At least that's what I've heard from my grandparents about the tests they had to do. If that doesn't cover the age risk, imo that test would be the thing to fix. Not sure how strict those are in the USA

Since the article doesn't speak of her well-being, I don't think we can judge here whether this woman should have taken herself out of society already (from what I hear, the USA isn't exactly public transport or walking friendly, assuming she can still walk distances in the first place, idk what old people are supposed to do there)

The other three factors you mentioned were not at play here according to the linked article. But I agree in general of course, and in those cases I don't disagree with extra punishment (and/or, the better preventor: increasing the odds of being caught)

Every 5 years is ridiculous. The difference between 80 and 85 can be stark. I have to get refresher training every two years to legally fly a small plane and that’s something where it takes some serious work to kill anyone who isn’t me or my passenger.
Those are, by definition, things that prevent you from rationally estimating capabilities and risk.
In a sense you're right, but the problem is that post-facto consequences are all we are left with when there is no political will to pre-regulate. If one started talking about requiring retesting to keep your license starting at age 60 or even 70, the pitchforks would come out. But that is the type of thing it would have taken to avoid "ruining" the first four lives here.

(and the same pattern plays out on a much larger scale in the world of big business)

How do you get from "trying to park car" to 70 miles an hour? That does not seem consistent with the geometry of the accident.
Apologised for taking lives of married couple and two babies?
Is that a question? I'm not sure if you're expecting an answer about maybe she should have tried praying for the person to be brought back or what would legit help the situation at that point?
Is it too much to ask for today's pedestrian to wear at least one piece of reflective clothing?
Odd point to raise in a thread about a family killed while waiting at a bus stop in broad daylight. Do you think reflective clothing would have changed the outcome of the event significantly?