I'm 21 years old, and only have a learner's permit and no insurance. I was in an accident today while driving my mother's car There were no injuries on either side, but the other car had about $3,500 damages. I was given a few civil citations, but she has to appear in court for the charge mentioned above. It was also made known to the officer that she was aware I've been driving the car for two years.
I'm aware there can be a fine and potential jail time, but based on the situation, what would she likely be sentenced with?
Car / Auto Accident Lawyer
I can see that she may be liable for the costs of repairs to the other person's car caused by your negligent driving. I can see maybe a denial of a driver's license to you for violating the rule that you cannot drive alone when driving with a learner's permit, I can see some sort of fine to your mother for allowing you to drive without her. I suggest you talk to a criminal law attorney right away regarding this last issue and do not write anything else on the internet. Best of luck
This answer is provided by Manuel A. Juarez, Esq., aka 'El Abogado Hispano de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq esta licenciado solo en el Estado de California.
On the civil side, there is also the potential for her insurance carrier to deny coverage if the other party sues for damages.
Personal Injury Lawyer
I doubt there is any serious risk of jail time for your mother under the circumstances. The jails are overflowing with the violent criminals and drug dealers, why would the government want to imprison your mother?
Who told the police that you had been allowed to drive this car for 2 years? That information may not come into evidence if the speaker is not present at your mother's hearing. Hearsay evidence is not permitted. I do suggest that your mother retain a defense attorney who handles traffic court matters and let him or her handle the defense.
Hopefully in the future you will be properly licensed and insured.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.