I Have a Question

[MikeA607]

What is the name of your state? NY
Ok I was detained/arrested for letting my underage daughter drive our vehicle.I was issued a ticket for permitting an unlicenced operator.I mailed the ticket in saying I was guilty.I recieved a responce from the court stateing the amount of my fine assumeing I was finneshed with the whole thing.Tonight,a month later,I recieved a phone call from the local sherriffs dept. saying they want me to come back in so they could issue me an additional ticket of endangering the welfare of a minor in relation to the same incodent.Is this legal?If not what can I do about it?
Thank You,
Mike

[snostar]

You bet it's legal, find yourself an attorney. Endangering the welfare of a child is a misdemeanor that carries a maximum sentence of a year in jail and a $1,000 fine.

[MikeA607]

Thanx for the reply.The smart ass responce and quote wasn't nessesary,But thanx just the same,Mike

[snostar]

Originally Posted by MikeA607

Thanx for the reply.The smart ass responce and quote wasn't nessesary,But thanx just the same,Mike

I'm a New Yorker, what'd you expect? Besides, I'd rather be a smartass then a dumbass. And, be prepared for a visit from Social Services.

Edit: The quote is my signature, it's on all my posts.

[panther10758]

Originally Posted by snostar

I'm a New Yorker, what'd you expect? Besides, I'd rather be a smartass then a dumbass. And, be prepared for a visit from Social Services.

Edit: The quote is my signature, it's on all my posts.

why are you being as foolish as to allow an underage child drive? You can expect a call or visit from CPS as well I would suspect

[snostar]

Originally Posted by panther10758

why are you being as foolish as to allow an underage child drive? You can expect a call or visit from CPS as well I would suspect

Ummmmmm, I'm not the OP.

[panther10758]

Originally Posted by snostar

Ummmmmm, I'm not the OP.

My post was directed to OP not you I am sorry if I wasnt clear!

[CdwJava]

Actually, if you have already been punished for the initial incident (paid the fine and all) it may not be possible to charge you again for the additional offense stemming from the same incident and fact set.

I would consult an attorney if I were you.

- Carl

[MikeA607]

Sorry,some of you make it sound like i commited the crime of the century.Who doesn't remember an early driveing lesson from there dad or atleast know someone who has done the same.Only difference is,I got caught and was asking for some advice.As far as CPS goes they are more than welcome to come investigate.I,m a good parent and have nothing to fear from them.

[moburkes]

Originally Posted by MikeA607

Sorry,some of you make it sound like i commited the crime of the century.Who doesn't remember an early driveing lesson from there dad or atleast know someone who has done the same.Only difference is,I got caught and was asking for some advice.As far as CPS goes they are more than welcome to come investigate.I,m a good parent and have nothing to fear from them.

Would you be saying that if your daughter had hit another vehicle, and your insurance company didn't pay the claim? Would you be saying that if, when she hit the other vehicle, someone was injured?

[panther10758]

Originally Posted by MikeA607

Sorry,some of you make it sound like i commited the crime of the century.No but a crime none the lessWho doesn't remember an early driveing lesson from there dad or atleast know someone who has done the same.Actually no I dont recall that in fact I begged for lessons but was denied until I got my permit as per the law!Only difference is,I got caught and was asking for some advice.You got adviceAs far as CPS goes they are more than welcome to come investigate.Good cause they mayI,m a good parent"GOOD parents dont encourage their children to break the law or risk other lives! and have nothing to fear from them.Good cause you may later

All that being said dont come here expecting pity! You came here for free advice and you got it! You get what you pay for!

[CdwJava]

My parents didn't let me behind a wheel of their car until I had my permit my sophomore year in high school. The farmers and ranchers around here have the benefit of open land (private property) where they can legally permit their unlicensed child to drive if they wish. However, when you get onto the public roadways and certain publicly accessible parking areas, then a license is required. Yes, you could be charged with child endangerment - especially if the child is young. However, I am thinking that if the matter has already been disposed of, they would be unable to charge you again for an additional crime based upon the same fact set.

Hence, I would suggest you speak to an attorney.

- Carl

[garrula lingua]

Carl is right.

In CA, this is a Kellett issue.

OP should see an attorney and point out U.S. v Dixon, 1993, 509 US 688.
The federal rule is: successive prosecutions for the same criminal act under two different crimninal statutes are forbidden unless "each contains an element not contained in the other".


OP, did they actually cash the check you mailed in ?
If they did, they can't, correctly, prosecute you again.

[garrula lingua]

PS: most Prosecutors will NOT prosecute offenses separately, when they originate from the same act or course of conduct. (Most Prosecutors will go above & beyond the federal rule).

OP, if your check cleared, you could go to the court appearance with a copy of your citation and your cancelled check.
The Prosecutor will most likely dismiss the case.


...if your check didn't clear, then they probably pulled the ticket and refiled it as a misdemeanor case. In that case, they are correct & you have to face the new charge.

[You Are Guilty]

Are you sure it's the police who want to charge you and not CPS/ACS?