Quick semi-legal advice needed

[Duddy]

I am seperated from my wife with whom I have two children. She was admitted to the hospital Tuesday for complications with prescription drugs.

That day, she arranged a babysitter (about 26 years old). I didn't know her, but she has been a friend of my ex-wife's for awhile. Since I had no choice but to go to work, my job was to simply drop my youngest off to her house for the babysitter to watch. My wife drives a Subaru that is in my name and insured by me. The babysitter owned an older Toyota that she drove to my ex-wife's house. I gave her one key to the Subaru so that she could get the child seats out of the Suburu. She needed the seats to pick up my other son from school later that day.

The babysitter decided to take the boys for a ride in the Suburu around 5:30pm, which I never gave her permission to do (both taking the Subaru and rising around with the boys needlessly). And got into an accident three blocks away from the house. My boys are ok, the car needs massive repair (not totaled). It was her fault and told the officer that.

Here is the problem, it turns out she doesn't have a license because she has a prior DWI. I learned this when the officer handed me a citation for knowingly letting someone without a license to drive my vehicle. And that's the problem, I DID NOT not she didn't have a license. She lied to the officer and told him that I knew, and that I had driven her from her house to my ex-wife's house. That way the officers didn't know she had been driving her own car earlier.


I now have court in October. My question is, how can I resolve this without going to court? I'm also concerned that the police will assume I knowingly put my children in harms way by letting someone with a prior DWI and no license drive them around.

The babysitter told my ex-wife that she will have a lawyer fix it. And that's all I know right now.

 

[Zodiark1593]

From the sound of it, it's sort of a "your word against her's" with little evidence either way. However, since she knew she has had her license suspended, any reasonable person (juror or judge) would believe she'd know she wasn't legally allowed to drive regardless of permissions you've given her. With this fact pointed out, the judge may be more inclined to listen to you. Heck, you could point out she was also driving her own car beforehand. Maintaining a professional impression and demeanor will also help slide the judge's opinion of you in your favor. Be truthful, answer all questions as accurate, and clear as possible, and be prepared if the prosecution attempts to discredit you (as would probably happen when physical evidence doesn't exist).

Of course, I'm no lawyer, so I'd seriously advise hiring your own lawyer to assist you.

 

[Rakehellion]

Wait, so you let her get child seats out of your car or you let her drive?

It's your responsibility to know whether she has a license. Not knowing isn't an excuse.

 

[Humpy]

The pics of the babysitter aren't loading.

 

[Duddy]

Wait, so you let her get child seats out of your car or you let her drive?

It's your responsibility to know whether she has a license. Not knowing isn't an excuse.

It was my wife's responsibility to check her. I did not hire her. This was all set up by her. The ONLY reason I'm involved is because I own the vehicle legally.

I let her get child seats out of the car so that she could drive her own.

 

[Rakehellion]

The pics of the babysitter aren't loading.

mugshots.org

 

[Duddy]

From the sound of it, it's sort of a "your word against her's" with little evidence either way. However, since she knew she has had her license suspended, any reasonable person (juror or judge) would believe she'd know she wasn't legally allowed to drive regardless of permissions you've given her. With this fact pointed out, the judge may be more inclined to listen to you. Heck, you could point out she was also driving her own car beforehand. Maintaining a professional impression and demeanor will also help slide the judge's opinion of you in your favor. Be truthful, answer all questions as accurate, and clear as possible, and be prepared if the prosecution attempts to discredit you (as would probably happen when physical evidence doesn't exist).

Of course, I'm no lawyer, so I'd seriously advise hiring your own lawyer to assist you.

I'm expecting her to submit a statement denying that I knew she did not have a license. I have no prior legal issues myself, and am a VERY clean cut person. My ex-wife knows how completely ANAL I am about other people driving our vehicles.

 

[Rakehellion]

It was my wife's responsibility to check her. I did not hire her. This was all set up by her. The ONLY reason I'm involved is because I own the vehicle legally.

I let her get child seats out of the car so that she could drive her own.

If she didn't have permission, then that's joyriding. But it sounds like you're going to be screwed as far as insurance.

 

[FallenHero]

Wait, so you let her get child seats out of your car or you let her drive?

It's your responsibility to know whether she has a license. Not knowing isn't an excuse.

I've taken many licenses away from people that are suspended or revoked according to the state. There is no way for him to verify whether or not someone that shows him a valid license is actually valid short of asking a police officer to break the law and release that information.

 

[Humpy]

My ex-wife knows how completely ANAL I am...

Ah... forget it.

 

[Brainonska511]

Sounds like you should talk to a lawyer and/or your insurance company.

I would hope to think that any reasonable person in the courtroom would understand that you wouldn't suspect the babysitter of having a suspended license, given that she drove her own car to the house.

 

[Duddy]

If she didn't have permission, then that's joyriding. But it sounds like you're going to be screwed as far as insurance.

Well the insurance isn't that bad. She is paying the deductible, which is $500 and covers everything. I didn't skimp on the insurance because it is a family car. Covers the other party and provides a rental car for as long as it takes for the Subaru to be repaired.

 

[Duddy]

Sounds like you should talk to a lawyer and/or your insurance company.

I would hope to think that any reasonable person in the courtroom would understand that you wouldn't suspect the babysitter of having a suspended license, given that she drove her own car to the house.

Exactly. She feels terrible about it and wishes she didn't lie at first. She was only trying to cover the fact that she was driving her own car to begin with.

 

[leper84]

Think about filing a police report against the babysitter for unlawfully driving your car? Isn't that pretty close to theft?

 

[Duddy]

Think about filing a police report against the babysitter for unlawfully driving your car? Isn't that pretty close to theft?

One gray area about that, on one hand I never gave her permission to drive the car. On the other hand, I never explicably told her NOT to drive the car.

Talking with the insurance adjuster, he made those seem very distinct from each other. Or perhaps he was only trying to be as detailed as possible with his report?

 

[Zodiark1593]

Sounds like you should talk to a lawyer and/or your insurance company.

I would hope to think that any reasonable person in the courtroom would understand that you wouldn't suspect the babysitter of having a suspended license, given that she drove her own car to the house.

And pointing this out, it wouldn't have mattered whether or not the defendant gave permission for the babysitter to drive as he would have been under the assumption the babysitter had a valid license.

(if necessary) Along with some testimony or statement from the Ex about how stringent the defendant is with his car, the babysitter would very likely find herself discredited, and the case thrown out. The babysitter may then possibly face charges herself for perjury (lying to an officer of the law), driving on a suspended license, endangerment of the child (taking the child in the car w/o permission I believe has some charge attached), taking the car w/o permission (if judged ruled she never had permission), and anything else the prosecution sees fit.

 

[sixone]

You really need a lawyer to help you with this. While you're at it, you need some kind of restraining order to keep this lying SOS away from your kids, so that your ex doesn't leave them in her care EVER AGAIN.

 

[Duddy]

And pointing this out, it wouldn't have mattered whether or not the defendant gave permission for the babysitter to drive as he would have been under the assumption the babysitter had a valid license.

(if necessary) Along with some testimony or statement from the Ex about how stringent the defendant is with his car, the babysitter would very likely find herself discredited, and the case thrown out. The babysitter may then possibly face charges herself for perjury (lying to an officer of the law), driving on a suspended license, endangerment of the child (taking the child in the car w/o permission I believe has some charge attached), taking the car w/o permission (if judged ruled she never had permission), and anything else the prosecution sees fit.

Wow, I knew she would be in trouble. But that is quite a list of charges she faces. I feel bad for her, but there is no way I'm going to be charged with something I'm clearly innocent of.

 

[drebo]

I know this isn't constructive, but I would never give my kids or the keys to my car to someone I didn't know and hadn't met prior.

 

[Duddy]

I know this isn't constructive, but I would never give my kids or the keys to my car to someone I didn't know and hadn't met prior.

Neither would I. But it was desperate times, we had on one else.