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mlyleyesterday at 7:56 PM1 replyview on HN

> 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.


Replies

JumpCrisscrossyesterday at 8:39 PM

> 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...