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Even though the second part looks a bit stretched to me, I agree with the the first observation(s).
As for thinking about the original question after all you wrote and your considerations in the antepenultimate paragraph, yes, the question is a lot harder to answer than before. I love how you patiently and articulately construct an idea which shows that in the end it all boils down to philosophy. About moral, ethics, guilt, desperate actions, duties and rights. About what we think of us as human beings, about others and also about the intricate and intertwined social relations existent in society. Bravo!
It seemed pretty clear to me that nobody was sober. Including the sister. She fell asleep in the car. James ultimately got behind the wheel and is ultimately responsible. He is even more responsible for his attempt to frame the other driver while leaving his sister to die in his car.
I enjoyed the game immensly (once I got past the annoyingly limited text parser - serious?!?), but one gapping plot hole appears to me. Wouldn't the hospital have done a blood test as soon as James arrived at the hospital? Wouldn't that reveal his blood alcohol concerntation (BAC)? Postmortem BAC measurements are tricky (from what I'm just now reading on the internet), but presumably the other guy would be just about a best case (found immediately after death). So shouldn't they be able to tell which of them had been drinking?
Guilty.
But in my defense...it was obviously that this was the same scenario as in the second episode. So I tried to recreate the steps from that to move the story along. Since there wasn't another person in that (unless I completely missed that as well!), it didn't occur to me to even try to interact with Jen. My bad. But not self-preservation. More, self-moving-the-story-along-now-because-it's-getting-late.
So looking around a bit, since I was curious. In the states at least, it's a mixed bag as to whether or not testing of fatally injured drivers is done. In some states it's mandatory, in others not. But even in those that aren't it might still happen in the coroner asks for it. As for others involved in the accident, that's even more mixed. It may or may not be required.
Of course, that's the states, and the game is set in the UK. I don't know what the laws there are regarding this.
I read that, initially at least, as James had just admitted to drinking. Then Dr. Alexander said the "And then you made it worse..." bit. Not necessarily as they already knew he'd been drinking.
Then there was the comment about "I expect the police will want to talk to you..." which seemed to suggest that the James had been drinking was a new revealation. But I can totally see how it could be taken differently.
You don't hear it "just after the crash", you hear it "just after James remembering the crash" (and not necessarily for the first time). I don't think it's necessary to conclude that Dr Alexander had known James was drinking all along from that sequence. And I don't think the police would only now want to talk to James because of his confession if they already knew he'd been drinking.
I played the game a long time ago, but if I recall correctly, you (James) drink alcohol at the family party, so your interpretation has a flaw. If I remember it incorrectly, it is a pretty interesting view on the incident.
He did. A lot of it.
So by that logic if being drunk takes away the blame from James, it can't be shifted to Jen, 'casue she was as drunk as him, and could not make "sober" decisions either.
Yes, but then again, the party is James's own recollection during yet another interview, and if the police and interviewers are indeed trying to manipulate it in order to pin the accident on him - then he may just be "recollecting" something already suggested by the the interviewers before, and not the actual truth, in which case their ploy is successful.
But I myself think it's not that complicated, and he was indeed drunk, and indeed he was the one who framed the other driver, since otherwise the people from the party and his parents would have easily debunked a theory staged by police. If he was not in fact drunk - witnesses from the party would have stated that. Also I remember it saying that the whiskey bottle was a pretty rare and expensive one, so I bet father would have recognized it when questioned by police, and confirmed that James had it (and not the other driver, which, if he did, would have been a hell of a coincidence).
This plot hole really dragged the whole ending reveal to the ground for me.
I made James *drink whiskey* (after Jen asks you to take her home) at every location to see what would happen.
In the living room: You take a sneaky sip while your Mum is not looking!
In the kitchen: Dad tells you to take your sister home, but to go slow since you've had a few drinks already.
In the hallway: Jen pushes the bottle away. "Have more AFTER the drive."
Outside: She glares and smiles -- "enough!"
In the backyard: You take a sip and then Jen snatches it and takes a swig too. Her face contorts.
In the car: Before you get to take a sip, Jen snatches it from you and throws the bottle into her foot well.
When you type *get whiskey* in the car: Jen has taken your whiskey from you and you're not getting it back. (But you have it when you frame the other driver.)
Other interesting responses in the car (when she asks you to slow down):
Look at Jen: Overreacting, as usual ha
Talk to Jen: She's just yelling like a typical little sister. Leave me alone.
The party at which James supposedly got wasted was on new year's eve, according to the text adventure section in episode 4. James was due to leave the country the next day, and would be away for six months.
The accident, however, according to the police report microfiche (also episode 4), occurred on March 20.
Needless to say, this doesn't add up.
Also on that police report, the details of James' passenger and the deceased persons count are both censored. Don't know why, but it definitely looks dodgy.
https://i.imgur.com/bBmoRcW.png
That's the best pic I could take. I read the date as 14/8 1986 = August 14. How can that be? Dr Alexander says the accident happened three weeks ago. A perhaps minor detail: it says NS1 but NS1 had the voice of the second doctor from episode 2, not the voice of Dr Alexander. And that second doctor's voice is also a colleague of the police officer who got killed in episode 4.
I find it all very confusing.