Replies

If so, then the lack of a permit could be shown to be irrelevant to the crime, and not a contributing factor.

That argument would lead to illegal aliens can drive without a license or insurance as long as they are old enough.

Uh, NO.

It is still illegal to drive without a permit, and the penalty for that infraction should be applied without regard to any other activities. It is illegal to be here "illegally", and the penalty for THAT infraction should be applied without regard to any other activities.

Since the girl did not meet the permit age requirements, you could certainly argue that, since the state dictates age as a component of driver competence, the father should have known that she was not competent to drive - which is where the criminal negligence charge makes sense. My point was (became) the hypothetical situation where, if she was 100% eligible for the permit, no increase in knowledge or skills but an extra piece of paper would somehow save her and her father from further criminal liability. That makes little sense to me. The permit, as it is implemented right now (go look at the requirements), does not certify or confer additional competence, at least at any level that would have applied here. Thus, if the girl had been of age, I think the lack of the permit (while still a punishable offense) would have less bearing on the overall charge of negligence.

Let's look at the reverse. Suppose a guy who shows you his electrician's license comes and wires your house, and does a fine job. An inspector comes later and says "That guy's license was faked; you have to rip all this out and get a licensed guy to do it." You ask, "is there a problem with the wiring?" He says, "No, it's a fine job, but the license is the only thing that matters." Would THAT make sense?

It reminds me a little bit of the comedian who makes fun of the airlines warning against the seat backs having to be raised on takeoff and landing. He leans forward an inch and says "LIVE." Then he leans back an inch and says "DIE." ...forward... "LIVE." ...backward... "DIE." ...