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Three Teenagers Arrested, Charged for Not Preventing Friend From Driving Drunk
Jane Modlesky. Photo: Facebook

Three Teenagers Arrested, Charged for Not Preventing Friend From Driving Drunk

"It’s basically saying that they had a positive duty to stop her."

Three teenagers have been arrested in Glastonbury, Conn., for not preventing their friend, 17-year-old Jane Modlesky, from driving drunk, NBC Connecticut reports.

Modlesky got behind the wheel of an SUV in July with a blood alcohol content more than 13 times the legal limit for a minor. She ended up crashing into a tree and dying. Police say the teenagers were aware that Modlesky was "highly intoxicated" but allowed her to drive anyway.

Jane Modlesky. Photo: Facebook

One of the boys, 17, started out driving and dropped off a friend at his house. He then drove to his own house and got out of the car.

Another 16-year-old boy then reportedly took the wheel to drive to his house, where he and a friend got out, leaving it for Modlesky so she could drive home. Police argue the last two teens shouldn't have allowed her to drive away.

Modlesky's blood alcohol content was .27. The legal limit for someone under the age of 21 is .02.

NBC Connecticut has more on the charges:

The first teen to drive the car was charged with violation of passenger restrictions and operating a motor vehicle between 11 p.m. and 5 a.m. He is due in court on Dec. 20.

The boy he dropped off was not charged.

The second teen to drive was charged with reckless endangerment in the second degree, violation of passenger restrictions and operating a motor vehicle between 11 p.m. and 5 a.m. He is due in court on Dec. 18.

The other teen was charged with reckless endangerment in the second degree.

Prior to the charges against the teen boys, police reportedly charged the girl who allegedly threw a house party hours before the deadly crash and served alcohol to minors.

California attorney Lawrence Taylor told Yahoo! Shine that the case is "highly unusual."

"It’s basically saying that they had a positive duty to stop her. But you cannot be prosecuted because you didn’t stop someone from engaging in criminal conduct: If someone is holding a gun and is about to shoot it, and you don’t pull it out of their hand, you cannot be held accountable. So I think the police are kind of overreaching here," she said.

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