Monday, October 27, 2014

Is a Car Owner in Trouble if the Person using the Car has a Suspended License? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

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?



A:     Chosen as "Best Answer" by Asker on AVVO!


Michael Adam Haber

PRO


Contributor Level 20

10

Lawyers agree
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!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)



At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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