I need to know about our liability if drunk driver drives our car

[frenchtoast]

What is the name of your state (only U.S. law)? Maine

Here is the situation. My father has a friend Jenny who was recently convicted of drunk driving. A few days ago she told us her sentence was a 90 suspended license. She has more than one car. One was impounded when she was arrested, the other has chronic battery problems. Lately she has been asking to borrow our car for short trips around town.
Do suspended license sentences start immediately after they are imposed by the judge? If so, was Jenny's second car impounded that she drove to the courthouse in as well? How would I find this information out about her specific case?
What if she is caught driving in our car while on a suspended license, will our car be impounded will we get into trouble?
I know that if she drives drunk in our car we will have liability issues but what if she is caught driving in it while sober? What happens to my father who owns the car?
I have warned my father not to let Jenny borrow his car but he doesn't want to be rude to her. If I get legal advice that we could get into trouble then maybe he won't let her drive our only means of transportation from time to time.
It's sad but the reason why she became a family friend was that my father needed a cleaning lady after the accident that killed my mother and crippled him, which was caused by a drunk driver. I think that my father has wanted to save Jenny from becoming another drunk driver but she has to want that for herself enough to save herself. Jenny has mental illness issues and also refuses to take her medication.

 

[Zigner]

She TOLD you she has a suspended license, yet you still allow her to drive your car? That is an idiotic thing to do.

 

[JIMinCA]

She TOLD you she has a suspended license, yet you still allow her to drive your car? That is an idiotic thing to do.

In other words, you have no idea what you are talking about... you just want to berate the OP.



Toast,

I think the issue is prior knowlege. If you father KNOWS her license is currently under suspension, he could possibly carry some liability. Same with her being drunk. However, it would have to be a serious charge before it would be worth the prosector's time for dragging your dad into it (i.e. vehicular homicide). I think it is highly unlikely that she just gets a ticket and your father gets one too. But, better to err on the side of good judgement. Tell her to call a cab.

 

[Zigner]

you just want to berate the OP.

Not the OP - the OP's dad.

The dad's an idiot for even THINKING of allowing a driver with a suspended license to drive his car. Period.

 

[frenchtoast]

original op here

Original op here
Just to clarify, she was arrested a week ago Saturday May the 1st and she told us about her conviction May the 7th. So far she only drove our car once on Saturday, May the 8th after telling us her car with the bad battery wasn't working. That is why I want to know when the 90 days was supposed to begin.
This week she has been asking us to drive her places but I am concerned that she may tell my father some sob story about needing to drop her kid off at school and my father might forget or believe some story of hers about it being reversed etc. (Just because this week so far she is following the rules doesn't mean that she might decide to give herself an early reprieve later on).
I need ammunition to make sure my father doesn't let her drive our car again. My father is a grown man. I cannot force him to make decisions but if someone on here could give me some info about our liabilities are should she get caught driving our car while on a suspended license it would be a big help.

 

[tranquility]

There are two issues, vicarious liability and direct liability. As to the vicarious liability (liability through status or relationship) there is some risk. The owner of a car may or may not have some responsibility. But, as long as there is insurance to cover the legal defense, it's quite manageable.

But, giving your car to a person who does not have a valid license, is under the influence or has a history of driving without taking proper medication, is actionable directly. Not just because they are an owner of the car, but because they did a negligent (Or, worse) act. There could be criminal penalties which attach to the act along with tort penalties.

 

[Mass_Shyster]

Allowing an unlicensed operator is a reason for nonrenewal of your insurance policy:

Maine Revised Statutes Annotated
Title 24-A. Maine Insurance Code
Casualty Insurance Contracts
Subchapter 2. Automobile Insurance Cancellation Control Act (Refs & Annos)
§ 2916-A. Nonrenewal--reasons
Knowingly permitting or authorizing an unlicensed driver to operate a motor vehicle insured under the policy.

Also, many states will immediately jail a person found driving after a DUI suspension, and impound the vehicle.

 

[xylene]

While it is well and good that you wish to protect your dad, I think there is something here that says you can lead a horse to water....

Jenny is a an accident waiting to happen and a very stupid person.

Dangerously stupid.

Who drives their car to court while suspended, to go to their DWI case?

I would never allow such a plainly stupid person to drive my vehicle, and if it was within my power I would never allow them to operate a motor vehicle of any kind.

A person who ignores clearly adverse, immediate consequences to dumb actions is probably unfit for a license to drive.

All that is obvious and if your dad doesn't see that, then you probably won't make him.

The legal reality is that if caught driving, jenny would be arrested, your car would at the very least be towed, impounded and possibly subject to forfeiture or other administrative penalties. Any of which would be at least several hundred dollars, for which dad would have very little recourse against Jenny.

Of course dad would risk some liability if there was an accident. DWI or not. That is always the case. That is why one should never loan a motor vehicle to someone they do not trust to operate it safely. If someone (your dad) cannot see that a person with a DWI license suspension is within that 'unfit' category...

If dad is heck-bent to help this Jenny, buy her a bicycle. I would not even do that, she seems to be a dangerous person to be avoided.

 

[tranquility]

Who drives their car to court while suspended, to go to their DWI case?

While not quite the same thing, the city I live in had a sting about a year ago. For misdemeanor traffic violations, the police had an officer sitting in the public area of the court hearing the cases. When a person had their license suspended or revoked, he notified other officers waiting outside the courtroom who would then follow the guilty party.

Dozens of arrests and vehicle impounds when the people walked directly to their cars and started to drive away immediately after a judge specifically warned them their driving privilege was revoked.

I'm not a big fan of sting operations, but I thought this hilarious--and fitting.

 

[HomeGuru]

Not the OP - the OP's dad.

The dad's an idiot for even THINKING of allowing a driver with a suspended license to drive his car. Period.

**A: I agree.

 

[CdwJava]

While not quite the same thing, the city I live in had a sting about a year ago. For misdemeanor traffic violations, the police had an officer sitting in the public area of the court hearing the cases. When a person had their license suspended or revoked, he notified other officers waiting outside the courtroom who would then follow the guilty party.

Dozens of arrests and vehicle impounds when the people walked directly to their cars and started to drive away immediately after a judge specifically warned them their driving privilege was revoked.

I'm not a big fan of sting operations, but I thought this hilarious--and fitting.

We occasionally do this here ... an officer waits outside the courtroom, the officer texts the officer when the suspended driver is leaving, and WHAM! He gets tagged and the car impounded.

When I was in San Diego County, we used to roll up a dozen or more on some court days.

Some people just do not learn.

 

[Antigone*]

We occasionally do this here ... an officer waits outside the courtroom, the officer texts the officer when the suspended driver is leaving, and WHAM! He gets tagged and the car impounded.

When I was in San Diego County, we used to roll up a dozen or more on some court days.

Some people just do not learn.

I've seen that happen. The lady was quite shocked and ticked off!!!

 

[Zigner]

I need to take a day off and go watch the show...

 

[InsaneJane]

Maine doesn't do imediant suspentions for oui (dwi) arrests, but they do have 2 different cases.
The first is with the DMV. If the OP didn't request a hearing then they are found guilty and their license is administratively suspended on the day after their last day to request a hearing. This takes between 15 days to 2 months. The hearing is usualy set up ~2 weeks later. The basic min suspention is 90 days but you can a work license after 30 days.

Then you have the court. Arrainments 1 to 3 months after arrest. Pleeding guilty gives the same suspention. 90/30. Or trial in ~a month to 12 months.

So you don't know if it has been suspended yet or will be later.

If she is found guilty by the DMV administation hearing the she is going to have to go through their DEEP program ~$300 and a long weekend of classes.
Most lawyers will tell her to do that ASAP for several good reasons.
1. It's a lot easier and cheaper to get to the classes while she still has her license.
2. Before a conviction they won't have anything but very basic info on her.
3. The councilers that teach the classes make their real money by forcing as many as possible to have to go through 2nd and maybe third rounds of private counciling.
If she fills out her info sheet suggesting that she may have any kind of a drinking problem, or she had over .12 BAC then it's going to cost her.
If she goes before she is convicted in court (because she hasn't been convicted of anything) then nothing is stopping her from put down that her BAC was .08 and at the most she only has 1 or 2 drinks a week and has very little tollerence to alcohol = no more expensive classes.
4. She can not get her license back untill DEEP says she is done.
5. She has a much better chance of having the charges dropped to Wet Reckless or plain Reckless when plea bargining with the DA = Big difference in insurance cost.

One more thing she should know about. This is not a joke: the dwi task goes around and photographs vehicles parked at the residences of those arrested for oui and posts those photos on the visors of the local police cars along with mug shots. This is a valid atempt to keep repeat offenders from indangering others.

Now back to your questions:
If your father is called because his car was towed/inpounded it would be a good thing for him not to admit that he had any knowledge that her license may be under suspention.

Of course it would be the smart move to go out of your way to try to drive her to where she needs to go during that 30 days.
The penalties are very stiff for driving on a suspended for alcohol related offences. HUGE!

Just my thoughts.