To those who keep posting about how their 90 year old relatives are "totally fine and like a 25 year old!", we are all truly happy for you and wish them many more years of health and no sudden changes unfortunately typical for most elderly people (and which should and can be prevented with realistic lifestyles and safety measures).
That said, legally and logically, the question isn’t ‘can a 90-year-old be out late?’ It’s ‘what’s typical or expected for a person of this age with documented mobility issues, a pacemaker, and reliance on daily medications.’ Anecdotes about healthier individuals aren’t comparable. Courts look at whether something would stand out to a reasonable person given the same facts, not whether exceptions exist.
Source: I'm a lawyer