Permitting a drunk underage driver to drive

Asked almost 4 years ago - Washington, DC

what if you let someone drive drunk and they were unlicensed and uninsured and they hit and killed someone, what if they were a minor maybe 15 also you did not know they were a minor, and the vehicle was a 125cc motorcycle and the engine was not running they were being pushed by another 15 year old unknowing of his age and they were both intoxicated at the time. could there be criminal charges brought against me what would they be if imprisonment what would be the maximum time?
thank you for your help.

Additional information

this has not happend just thinking of the worst case scenario

Attorney answers (3)

  1. Ryan M. Springer

    Contributor Level 10

    Answered . There are a lot of "what ifs" in your question, and without more specifics, it is difficult to provide a specific answer. With that caveat in mind, you should be aware of a tort known as "negligent entrustment." Negligent entrustment is a civil cause of action that arises when one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality (perhaps the motorcycle in your description) and the entrusted party caused injury to a third party with that instrumentality. The cause of action most frequently arises where one person allows another to drive their automobile, but claims can be made for other types of vehicles or instrumentalities.

    Additionally, there can be both civil and criminal consequences for the same conduct. The entrustor may be held liable for injuries in civil proceedings, and may be required to pay monetary damages. The same actor may also be found guilty in criminal proceedings, which carry a separate set of consequences including fines and possibly incarceration.

    For questions about civil liability, you should first contact your vehicle insurance carrier. For questions about criminal culpability, you should contact a criminal defense attorney.

    DISCLAIMER: THIS ANSWER IS INTENDED AS INFORMATION ONLY, IT SHOULD NOT BE CONSIDERED OR RELIED ON AS FORMAL LEGAL ADVICE. ONLY AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION, AND WHO IS ACQUAINTED WITH THE RELEVANT FACTS, CAN GIVE YOU FORMAL LEGAL ADVICE.

  2. Joshua H Reinitz

    Contributor Level 12

    Answered . If this series of what ifs actually happened you should immediately consult with a local qualified attorney regardless of which person you were in the scenario. You could face potential criminal and civil penalties but the earlier you get an attorney involved the better for you as the way you behave right now may have a huge impact on how the case is treated going forward.

    Best of luck.

    Joshua H. Reinitz, Esq.
    Iacullo Martino, LLC
    (973) 235-1550
    jreinitz@iacullomartino.com
    www.newjerseydwidefender.com


    If you find this response helpful, please click on the “thumbs up” button at the bottom.

    Disclaimer: The information here is general and not intended to be construed as legal advice or form an attorney-client relationship. For specific advice contact a qualified attorney

  3. John P. Yetter

    Contributor Level 15

    Answered . No one can answer the question what is the maximum time in this circumstance. To do so you would get an answer of the worst case scenario and not the most likely. And with this many what ifs, i would not want to try to guess what is likely.

    Realistically, the issue isn't what might be. The controlling variables in any case are what can be proven against you.

    If you are involved in a situation like this, you should retain a lawyer to assist you in protecting your rights during the investigation.



    John Yetter
    www.brucarandyetter.com

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