Comment by mlyle
1 day ago
> 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...
> 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?
The message that incapacity, even to the point of killing four people, will be excused is quite clear.
The deterrence argument is used to throw the book at people committing minor crimes like shoplifting. Let's apply it to quadruple homicide, eh?
Mary Long Fau should have died in prison.
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