Q: Can owner of car get in trouble if person using car has a suspended license? My mother-in-law does not drive any longer and her other daughter has taken her car. We just recently found out that the daughter has a DUI and a suspended license but is still driving my mother-in-laws car. Can my mother-in-law get into any legal issues from this?
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Answered . Yes and no.
Generally you (your mom) are not responsible for the criminal acts of another. This is so as it is generally impossible for someone to predict when someone else will violate the criminal code. But where it is probable that that someone did know, well then there may be liability.
As a routine matter, if the driver gets stopped then it is she, and she alone, who will face trouble. Having practiced criminal defense litigation primarily in Miami for 25+ years, and having handled well over 500 DUI cases I can tell you that DWLS-DUI (driving on a DUI suspension) is the "murder 1" of County Court. She is facing definite jail time if she gets caught, but her mother is not liable in that instance for anything more than the impound fees (if she wants to get her car out of custody).
That said, someone needs to reel this woman in and grab those keys. God forbid that she runs over a kid or something then mom could have some serious exposure.
I hope that this has been helpful!
Generally you (your mom) are not responsible for the criminal acts of another. This is so as it is generally impossible for someone to predict when someone else will violate the criminal code. But where it is probable that that someone did know, well then there may be liability.
As a routine matter, if the driver gets stopped then it is she, and she alone, who will face trouble. Having practiced criminal defense litigation primarily in Miami for 25+ years, and having handled well over 500 DUI cases I can tell you that DWLS-DUI (driving on a DUI suspension) is the "murder 1" of County Court. She is facing definite jail time if she gets caught, but her mother is not liable in that instance for anything more than the impound fees (if she wants to get her car out of custody).
That said, someone needs to reel this woman in and grab those keys. God forbid that she runs over a kid or something then mom could have some serious exposure.
I hope that this has been helpful!
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