How to stop an alcoholic from driving? This scenario takes place in the USA. Suppose I have someone close to me who has a very serious drinking problem. This could be someone physically (living) close to me or someone emotionally close to me. For example, a sibling, an ex-spouse, a relative (cousin/aunt/uncle) living with me, my neighbor next door, or my co-worker or even my boss whom I have known for a very long time and the relationship is friendlier than a strict professional relationship. This person drinks a lot. Sometimes they are sober but most days and most nights they are drunk. They also drive whenever they want to, regardless of their condition, regardless of others (including me) trying to stop them. This person is of age, has a valid license/insurance/etc. But I don't want them to endanger themselves and worse, I don't want them to take out a family of four in a horrendous car accident or disable an innocent person for life. I understand that driving is a privilege and not a right. My question is, is there anything I can do so that the authorities investigate and revoke his privilege of driving a car? This person has never been caught driving drunk so far. And there is no way they are willing to give up alcohol or be counseled/treated. If yes, then which agency and how do I proceed? Is it as simple as just visiting my local DMV? Can I remain anonymous? What kind of consequences will it have for the person reported? Will it result in criminal charges or something? What kind of evidence will I have to provide or why would the authorities take my word pointing to someone claiming "he is drunk all the time so don't let him drive". In case there are 50 different answers for this, I am interested in the state of California and New Mexico.
Is there anything I can do so that the authorities investigate and revoke his privilege of driving a car? Yes. Next time he drinks and gets behind the wheel, call the police and tell them that you are witnessing an intoxicated person about to drive. If the police witness him behind the wheel while intoxicated, he'll be issued a DUI, perhaps face jail time, and will have his license revoked. I would suggest visiting your local chapter of Alcoholics Anonymous. They experience situations like this all the time and can work with you to help this individual.
I'm assuming you are talking about something like this You didn't specify where you live, but in many places it is illegal to block the sidewalk with a car. I just looked up my local ordinances and it is there. In fact, it is your driveway, but often the land up to and including the sidewalk is considered part of a public easement. Typically you are required by law to maintain any grass in the easement, but if the sidewalk were to fall into disrepair, the local government would fix it. Information on easements can also be found in your local ordinances, here is an example in my area. Should I fight this ticket? You can try, but I doubt you will win. Is there anything I can do to my driveway to allow me to actually use it? I would suggest asking on Lifehacks. And post a link here to your question if you do, I'd be curious to know what they come up with.
The police can arrest and charge anyone if they have a reasonable belief that a crime has been committed so: yes. However, if the question is: can they secure a conviction the answer is a resounding no. North Carolina law has three prohibitions on minors and alcohol: supplying to, possession of and buying. Possession is easily dealt with: the minor never possessed the alcohol. Supplying is also dealt with perfunctorily: the supply went from the restaurant to a person 21 or over. This only leaves buying. Now, buying something requires a contract (or since the object is illegal, what would be a contract but for that). Did the minor have a contract with anyone? That is, were they under an obligation to pay for the alcohol? No. If the pair had skipped out on the bill, the restaurant would pursue the adult for payment because that is who they have a contract with. Any arrangement between the diners as to how they will split the bill is a private, unenforceable arrangement, not a contract.
There are several elements working in your friend's favor. The first is "guilty beyond a reasonable doubt." In an entrapment case, the police have recordings or documents claiming that the "girl" was underaged. If there is no such smoking gun from the (real) girl, the case (probably) would not be prosecuted in the U.S. He doesn't have to prove that she told him she was 18; "she" (or the police) has to prove that she told him she was "not." The second factor is "remoteness" in time, and distance. Two years after a U.S. state sent me a "nasty letter," I asked my lawyer if the state would ever come after me. He answered, "If they were going to do this, you would have heard further by now." The other factor, distance and cross border, (three countries: Turkey, the U.S., his home country) further militates against prosecution except for highly aggravating circumstances such as drug dealing, gambling, or sex for pay. A third factor is that your friend would not come close to qualifying as a "serious offender." This would be someone like a drug dealer, or the head of a "call girl" ring. The cops concentrate their effects on big "busts" like this that make their careers, not "small fry" like your friend. But of course they use the publicity from the big catches to scare everyone else. While there is no "guarantee" against "the worst possible consequences," the chances of them happening are similar to his getting hit by lightening, and less than his chances of being hit by a car crossing the street. No one stresses out about those chances. He shouldn't either. I am not a lawyer but I have done paralegal work in a law office.
It is a felony to escape from a jail; see California Penal Code section 4532. (Escapes from a prison are covered in section 4530). However, California law recognizes a necessity defense when a crime is committed in order to avoid "significant bodily harm". (See the link for other important elements of the defense.) This defense would probably only be viable if after escaping, the inmate turned himself in as promptly as he reasonably could, once clear of the immediate danger of harm. He could go to any police station or law enforcement office; or he could call any police agency, explain the situation, and wait for them to come and arrest him. He would then presumably be taken to a different jail. If the inmate thinks the jail is unsafe, he can sue the state in either state or federal court (the latter as a civil rights case). It's unlikely that a court would order his release on this basis; more likely, they would order the state to improve conditions in some specific way, and they might award monetary damages to the inmate if he is injured. He also would probably not be able to stay out of jail during the suit. If the state arrests him, they'll put him in jail unless a court orders his release (or he's granted bail, or his case is otherwise resolved). If he hides to avoid arrest, then he's a fugitive. I seem to recall there's a general principle that fugitives don't have access to the courts.
I'm a notary. If someone showed me a marked-up license, I'd refuse to perform the notarization, and make a note of the persons name and phone number, to make sure I would never make another appointment with the person. Is there a law that says I have to refuse? I don't think so. Is there is a law that says I can refuse if I have any doubts about the person's identity? Absolutely.
I think your confusion stems from assuming there is a universal definition of "minor" across laws, jurisdictions, and rights. 18 is the age of majority for the purpose of voting (26th Amendment), the death penalty, labor law (although age 14 is the minimum age for employment), and many other laws. But, 21 is the age required to buy alcohol in all states (by their own choice in order to receive highway funding). Nothing requires the age of majority to be consistent across different sections of code or statute or between jurisdictions (except when constitutionally prescribed, like voting age, or minimum age for certain elected offices). There are many counties that prohibit purchase of alcohol at any age. The age of consent varies between 14 and 18 across US states. Age 65 is a threshold for certain tax credits. You need to be 25 in order to be a member of the US House of Representatives, 30 to be a Senator, 35 to be President. You are only protected from age discrimination if you are 40 or older. Here is a rough list of various age-based thresholds for various rights, privileges, or responsibilities in the US. (I havn't vetted this whole list, and some are clearly satire, but the ones I know about are consistent with my understanding.)
Threatening to report the uninsured driver to avoid payment would be blackmail and illegal / criminal. As a result, they are not going to do this. Reporting the uninsured driver on the other hand is their civic duty. So they can get your friend into trouble, but they can't get around paying. Is your friend insured now? If not, tell him to get insured IMMEDIATELY. And if they are very lucky, the other company doesn't figure out your friend was uninsured, and they get away with it when they make a claim. Alternatively, tell them to figure out how much the damage is, how much the repair will cost, and whether it is worth taking the risk.