my mother is giving her ex husband insurance he is on probation because of some dui's and is only suposed to drive to and from work. well he was partying and driving and maybee drinking when he wasn't supossed to and was involved in a hit and run didn't say a word. she found out about it threw a letter from the police saying she had to appear in court, she didn't and her ex tells her to take the fall what can she do? i know she's in big trouble her laywer told her expect to be arrested for falling to appear she could be arrested at any time what can she do?
2006-07-14 09:46:17 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You indicated she received a letter from the police. More likely it was a summons to appear. Once she received the summons, and failed to appear, a warrant was issued for failure to appear. The warrant probably has a bail amount set with it. Her attorney should be able to inquire what the bail amount will be.
Furthermore, in most municipal courts, if she and her attorney appear at court, the attorney can ask the judge to quash the warrant. That means, void it. The judge will then set a court date for her next appearance, and SHE MUST APPEAR at that date.
She already has an attorney, so I don't quite understand why you are asking us for more advice... although, it would be a good idea to 1) make sure her ex-husband is NOT on her insurance, and 2) do not allow him to drive her vehicles.
As far as the civil liability for his accident, she may end up being held liable for that, depending on the laws of your state. Again, since she has an attorney, she needs to listen to her attorney's advice. If the attorney doesn't practice traffic law, then she needs to find one that does. Consult the local or state bar association for a referral.
2006-07-14 10:21:40 · answer #1 · answered by Phil R 5 · 0⤊ 1⤋
Get a bail bondsman and an attorney.
In that order.
As for the DUI, she can't be arrested for his driving under the influence. She can be held responsible if he damaged or destroyed anything with her car. That is probably what she is being arrested for. If her lawyer tells the judge that she was unaware of the situation and shows that she was not even the driver then the judge is most likely to throw out the bench warrant and reschedule the hearing concerning damages. She is obviously liable so she will have to pay for them and she will most likely lose her insurance policy or at least have to remove him from the policy. I would suggest setting up for bail, getting a lawyer and then turning herself in so that the lawyer can get her released as soon as possible. I would also suggest taking the ex off the policy immediately and getting her car locks changed. This is evidence that she is trying to remedy her problems. Also call the insurance and validate the other person's claim as soon as possible. That is what the court is after.
2006-07-14 10:33:27 · answer #2 · answered by LORD Z 7 · 0⤊ 0⤋
She needs to go with her lawyer when she turns herself in. Find out how much the bond will be. If she is being investigated for the hit and run and she didn't drive the car at the time of accident lawyer should be able to handle it in court. Surrender if there is a warrant but do not have contact with police without your lawyer being present. Chances are the person who reported her cafr for the hit and run did not see who the driver was so no witness that can put ma in jail.
2006-07-14 10:49:44 · answer #3 · answered by frankie59 4 · 0⤊ 0⤋
Well the FIRST thing to do is tell her to talk to a bail bonds person and get that set up for when she is either arrested or goes to jail. She needs to make sure she has some cash on hand because she will have to pay 10% of the bail.
Second thing is for her to talk to her attorney and have her attorney set up a time with the magistrate for her to turn herself in. Bail will be a lot cheaper if she does it this way versus waiting to get arrested.
If she doesn't have an attorney, tell her to still turn herself in after getting a bail bondsman then to get a court appointed attorney.
From there, let the attorney handle it. She will have to prove it was not her driving the car. Tell her to have proof ready for that.. like was she at work, witnesses, etc..
Also, if she refuses to testify against him in court when they charge the guy, she will be held responsible for insurance purposes. They changed this law a few years ago. People can't just say, "I didn't know he had my car." Or "He was not allowed to drive it at that time." They force you to back that up or you have to pay. This means her insurance is going to go out the roof, etc...unless she tells them that he didn't have authority to have the car at that time etc...
2006-07-14 09:53:33 · answer #4 · answered by BeachBum 7 · 0⤊ 0⤋
how does someone not notice that their car was involved in an accident?? wasn't there damage to the car???
she missed her chance. she should have noticed the damage and then confronted the ex who she loaned the car to. then they could have got their stories straight, get rid of the car somewhere, and reported it stolen. if her ex wasn't a complete jerk and would have told her about it, they might have been able to do something like this.
now she's screwed. all she can do is defend herself by saying she was not the one driving and they will ask who else had access to the car. I would totally give him up, since he was willing to let her take the fall when he didn't tell her about it.
2006-07-14 09:56:43 · answer #5 · answered by g-man 3 · 0⤊ 0⤋
She can't. She is fully aware of his dui's and the fact that he isn't supposed to drive, and she got the subpoena. "I don't know" does not cut it in the law. If she gets caught for a ticket or if they come to the house, there may be a warrant on her and she will have to go to jail.
2006-07-14 09:55:19 · answer #6 · answered by Wookie on Water 4 · 0⤊ 0⤋
She needs to take him down to the station with her when she turns herself in. Sorry to tell you that she wont get out of jail till Monday though. She definitely won't see a judge till then. She needs to get rid of him and her problems will go away. He'll only do what she'll allow him to get away with. Good Luck.
2006-07-14 09:53:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The lawyer can arrnce for her to appear
She really needs to go to a probram for relatives of alcoholics. Sheis part of the problem
2006-07-14 13:04:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She's going to take the fall for this selfish jerk? Hell no. You tell her to stop being a doormat and make him take responsibility for his own actions. She only has to prove she was home when it happened - phone bill or something.
2006-07-14 09:51:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I agree with kutekymme... but theres not much she can do to get out of failing to appear
2006-07-14 09:51:22 · answer #10 · answered by Åⓝⓞⓝⓨⓜⓞⓤ§ 4 · 0⤊ 0⤋