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chikotay

Junior Member
What is the name of your state?South Carolina

In July my son, age 15 was in an accident while riding home on his scooter.
Insurance in not required on a moped/scooter. He was making a left turn onto a 4 lane road. He allegedly pulled out in front of a van while going to the far right hand lane. A truck that was behind the van swerved into the far right hand lane and struck him in the rear. The officer cited my son-- failure to yield right away-- after only talking to the driver that hit him. My son does not remember anything after being hit. he only remembers that the vehicles were all stopped at the light about 1 block away when he pulled into the intersection. the officer told us at the scene that the driver of the truck would have to file with his own insurance company, and My son would have to pay for his scooter. Today, we received in the mail a collection Notice from progressives subrogation unit saying that my son owes them $2100 for the trucks damages.
It seemed to me that my son may have been at fault for pulling in front of the van, but the truck behind the van should have been able to avoid hitting him in the next lane to the right. If both parties are at fault. Can the make my son pay for the trucks repairs?
 


LSCAP

Member
You say cited, you mean as in a ticket to a 15 year old for something the officer didn't see. In NC you have to be 16 and older to get a ticket. Since I came from another state, I called the Raleigh PD, and they said 16 or older. If you son got a ticket, check with the local PD about the age stuff.

And are you saying you did not sue the vehicle that hit your kid?

I'll admit it is difficult to see those mopeds, and motorized bicycles, and for that matter it is hard to see cars, trucks and pedestrians when you are in a hurry and not paying attention.

It might be time to consult a lawyer.
 

Shay-Pari'e

Senior Member
LSCAP said:
You say cited, you mean as in a ticket to a 15 year old for something the officer didn't see. In NC you have to be 16 and older to get a ticket. Since I came from another state, I called the Raleigh PD, and they said 16 or older. If you son got a ticket, check with the local PD about the age stuff.

And are you saying you did not sue the vehicle that hit your kid?

I'll admit it is difficult to see those mopeds, and motorized bicycles, and for that matter it is hard to see cars, trucks and pedestrians when you are in a hurry and not paying attention.

It might be time to consult a lawyer.
ARE YOU OUT OF YOUR MIND? You need banned. You have no idea what you are talking about.

Please give us the law that shows you have to be 16 to get a ticket.
 

Shay-Pari'e

Senior Member
LSCAP said:
You say cited, you mean as in a ticket to a 15 year old for something the officer didn't see. In NC you have to be 16 and older to get a ticket. Since I came from another state, I called the Raleigh PD, and they said 16 or older. If you son got a ticket, check with the local PD about the age stuff.

And are you saying you did not sue the vehicle that hit your kid?

I'll admit it is difficult to see those mopeds, and motorized bicycles, and for that matter it is hard to see cars, trucks and pedestrians when you are in a hurry and not paying attention.

It might be time to consult a lawyer.
Why would she sue the person who hit him when he caused the accident?
 

LSCAP

Member
Paridise. Leave me alone.

READ THE POST. I CALLED THE RALEIGH PD TO MAKE SURE OF THE AGE THING, SINCE I’M FROM NY, AND I KNEW YOU WOULD READ IT.

And see what happens to you if you ( god forbid) should hit one of these kids on the darned motorbikes.
 

Shay-Pari'e

Senior Member
LSCAP said:
Paridise. Leave me alone.

READ THE POST. I CALLED THE RALEIGH PD TO MAKE SURE OF THE AGE THING, SINCE I’M FROM NY, AND I KNEW YOU WOULD READ IT.

And see what happens to you if you ( god forbid) should hit one of these kids on the darned motorbikes.

If it is his fault, nothing would happen.How hard is it to post the freaking law? I don't care if you called the PMS hotline.

You are giving out grossly wrong information on a LEGAL site.

SHOW THE LAW.
 

Curt581

Senior Member
LSCAP said:
You say cited, you mean as in a ticket to a 15 year old for something the officer didn't see. In NC you have to be 16 and older to get a ticket.
False.

15 year olds CAN, in fact, be issued civil forfeiture citations, such as municipal ordinance or traffic violations.

The citation is simply sent to Juvenile or Children's Court, instead of adult Traffic Court.

The poster is from South Carolina, NOT North Carolina.
 

LSCAP

Member
THAT IS WHY I SPELLED OUT I'm from NC and spellled out that they call the local PD.

And how about showing me the statute.

For that matter, since I am having everything challenged; Can you give a citation,(ticket) to some one who is acting irrational and slitting their wrists? ( or do you take them to the psycho ward of the hospital,after the wrist gets treated?)

Can you give a jay walking ticket to am eight year old? ( Or do you call the parents?)

If four 15 year olds are stealing your car, do you give them a ticket, ( or do you lock them up, and call their parents and follow procedures from your state laws for juveniles?)

Can you really give a ticket to an unconscious drunk?
 

LSCAP

Member
And of course, like Paridise, I expect the statutes allowing you to Give tickets to someone still drunk, and a ticket to a person acting irrationally harmful to themself or another, and a ticket to an eight ,( nah try ten year old)
I know you have all those statutes.

Have FUN :)
 

Curt581

Senior Member
LSCAP said:
Can you give a citation,(ticket) to some one who is acting irrational and slitting their wrists? ( or do you take them to the psycho ward of the hospital,after the wrist gets treated?)
If someone were in the midst of a suicide attempt, I would take them in custody for an involuntary committment, based on being a danger to self or others.

However... If a person were previously adjudicated mentally ill, does that mean they will never again be resposible for their actions?

Question: Are police officers capable of determining whether or not someone is mentally ill?
Answer: Most emphatically NO. Such a determination is made by a Court, acting on recommendation from a licensed forensic pyschologist. "Not responsible by reason of mental disease or defect" is an active defense, not a prevention from being arrested or charged in the first place.

On the subject... I've personally seen people be found "Not Responsible"of criminal charges, but later be found guilty of civil infractions issued in the same incident because civil violations have a lower burden of proof.

Beyond a Reasonable Doubt vs Preponderance of Evidence.
Can you give a jay walking ticket to am eight year old? ( Or do you call the parents?)
You can call AND cite the parents.

For a child 12 or older, you can cite HIM, and call the parents
If four 15 year olds are stealing your car, do you give them a ticket, ( or do you lock them up, and call their parents and follow procedures from your state laws for juveniles?)
You would, of course, lock the thieves up.

However... if a 15 year old 'borrowed' Mom's minivan for a joyride, and Mom refused to assist prosecution of little Murgatroyd, he CAN be cited for Driving without a License.
Can you really give a ticket to an unconscious drunk?
Yes, you really can. It's perfectly legal.

One of the basic tenets of Law is that intoxication is not a valid defense.
 

Curt581

Senior Member
LSCAP said:
And of course, like Paridise, I expect the statutes allowing you to Give tickets to someone still drunk, and a ticket to a person acting irrationally harmful to themself or another, and a ticket to an eight ,( nah try ten year old) I know you have all those statutes.
Oh, no you don't. Don't turn this around on me.

You posted this statement:

To give a ticket the person must be sane, sober and of legal age.
In this thread:
https://forum.freeadvice.com/showthread.php?t=274543

I know that statement to be totally false. I know because I've done it. Many times. I called you on it, asking for proof of your assertation. You've repeatedly failed to provide a link to the law or ordinance.

You made the statement. You back it up.

It's time to put up... or shut up.
 

LSCAP

Member
NO I don't have to "Put up or shut up", You didn't, you tried to avoid the questions.

You said, If someone were in the midst of a suicide attempt, I would take them in custody for an involuntary committment, based on being a danger to self or others. “
That’s what I’ve been saying all along! You can’t just give them a ticket.

You said, “Question: Are police officers capable of determining whether or not someone is mentally ill?
That’s not my question. I know a cop can not make that determination. When you pull the “jumper off the roof, you take him to the hospital AND let the psychiatrist determine that. “ :cool: and if he is sane you give him some tickets..

You said as answer to that last question, “Answer: Most emphatically NO. Such a determination is made by a Court, acting on recommendation from a licensed forensic pyschologist. "Not responsible by reason of mental disease or defect" is an active defense, not a prevention from being arrested or charged in the first place.

C’mon Curt, that’s what I’ve been saying and being called names for saying it. You take them to a medical facility where they can be evaluated. And on a side note, If they are found sane, you arrest or ticket as required.

I said,
Can you give a jay walking ticket to am eight year old? ( Or do you call the parents?)
You said “You can call AND cite the parents."
That’s what I’ve been saying all along. You can not cite the kid, not in NC OR NY. He is too young.

somewhere around here Paridise trying to convince me you can ticket under age persons, made a comment about 4 15 year olds stealing a car.
My answer was" If four 15 year olds are stealing your car, do you give them a ticket, ( or do you lock them up, and call their parents and follow procedures from your state laws for juveniles?)
You said, "You would, of course, lock the thieves up."
That’s what I said. And Paridise said I’m a bag or rocks or something like that. I can’t find her statements,must be in one of the other threads.

You said, “However... if a 15 year old 'borrowed' Mom's minivan for a joyride, and Mom refused to assist prosecution of little Murgatroyd, he CAN be cited for Driving without a License.

Not in NC or NY. He is under 16. You can cite the parent for “allowing and permitting an unlicensed driver , etc. You can write a juvenile delinquent report in NY. I haven’t bothered to ask about NC.

I asked, “Can you really give a ticket to an unconscious drunk?
You stated, “Yes, you really can. It's perfectly legal.

One of the basic tenets of Law is that intoxication is not a valid defense”

And I say “one of the basic tenets of Law is that the defendant must be capable of understanding the charges preferred against him. You wait till he sobers up enough to know what's going on.
Not drunk out of him mind rolling in the gutter, so you write a ticket and pin it to his shirt and walk away.

I can just see giving Mirnanda to a drunkb driver, “You have the right to an attorney, Do you understand” Yessshe occifer, what ever you shay..” LOL

I asked you for statutes, the way Paridese has been asking me.
You said,” Oh, no you don't. Don't turn this around on me.
Because, I said, “To give a ticket the person must be sane, sober and of legal age.

You Stated, ”I called you on it, asking for proof of your assertation. You've repeatedly failed to provide a link to the law or ordinance.”

I don’t see you providing any links to back up what you say. Apparently your Proof is that you say you are a cop. But I say I’m a retired cop, and Paridise says all kinds of nasty things, and that's enough. Actually enough to show she has no real knowledge of criminal law.

You said, “You made the statement. You back it up.”

I don’t have to, You just did it for me. Thank you for backing up what I’ve been saying all along.
To give a person a ticket the person must be sane, sober and of legal age.
 

Gotalife

Member
Just in case the OP is actually still listening, my daughter was just in a similar accident. She was crossing four lanes of traffic. She had seen a red car in the distance and felt that she had plenty of time to clear the intersection, however, as she entered the far lanes a small white car (very hard to see according to the cop on the scene) came around the red car, passing him on the right-hand side. He was speeding according to witnesses and the skid-marks that were measured (approx. 15 mph over speed-limit) and he hit my daughter.

The cop was very kind not to ticket my daughter but found her at fault for the accident for failure to yield. Hurts, and certainly doesn't seem fair but I understand that this is the law.

My insurance agent said that we might have one hope to recover something. She said that if the other driver (who was uninsured and driving someone else's car) were found 50% at fault by the insurance adjusters (mine and the car owner's) we might be able to recover something under our uninsured motorist.

Anyway, from what I've learned it would seem that my daughter and your son are liable. Fortunately for us we had insurance.

Hope this helps.
 

Shay-Pari'e

Senior Member
(QUOTE)I don’t have to, You just did it for me. Thank you for backing up what I’ve been saying all along.
To give a person a ticket the person must be sane, sober and of legal age.(QUOTE)

This is getting rather old. You are making up situations to make your statements sound correct.

The bottom line is..........

1. You do not have to be sane to get a ticket.

2. You do not have to be sober to get a ticket.

3. Minors can get tickets.

I don't know what your on, or whats wrong with you,............but you are dead wrong. There is noooooooooo way you were a cop.
 
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