How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91086
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Is there any defense against allowing my 9 year-old son to

Customer Question

Is there any defense against allowing my 9 year-old son to steer an inoperable car while I towed it on a county highway? I was cited for wrongful entrustment of a motor vehicle, but the car was inoperable (the drive shaft broke free of the transmission) and seemed more safe than allowing my son to follow me on his bike on a country road, for example.

My car is essentially my home's power generator when electric service is interrupted, and a storm was threatening the region in which I live. A rare, straight-line wind storm, called a "derecho", was due within hours before retrieving my inoperable car, and both my wife and brother were out of town, unable to help me tow my car home. Both vehicles were licensed and insured by me.

Do I have any choice but to plead "no contest" during my mandatory court appearance for the citation?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to hear this has happened, but in OH the courts consider this negligent and reckless I am sorry to say and if you say it seemed safer than him following you on his bike the court will say you should have put him in the car with you not in the car you were towing, so they will not buy that as an excuse for not guilty, only perhaps to lower the fine. You can present this to the prosecutor when negotiating your no contest plea and ask for at least a reduction in the fine and try to negotiate that with the prosecutor, but it does not absolve you of guilt on this type of case I am afraid.

However, you have some mitigation in that you had no adult available to steer, but this would only generally serve to lessen the fine not really change the fact that a 9 year old should not be behind the wheel of a car on a highway being towed. The court is going to say that you should have called a tow truck or left the car there until you could find some adult to assist. Furthermore, I have seen cases like this in OH where they charged the person with child neglect/endangerment on top of the citation as this is how serious the courts in OH take this matter.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91086
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 11 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi PaulMJD,


Thank you for your quick and clear response. I didn't see much leeway in Ohio ordinances to dispute the citation.


 


Just for clarification, would the prosecution have to show that I *intended* to to act in a reckless manner? Also, since I was (or will be issued a citation, as I haven't been given the written citation, yet), can I be charged for an offense of child neglect or endangerment after appearing in court for a different offense?


 


Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

There is no intent in this type of offense, it can be intentional or negligently acted in a reckless manner.

If you have not yet been charged or ticketed, you might potentially be charged with neglect even after appearing in traffic court because it is a separate charge in a separate court. The charge of neglect is up to the sole discretion of the DA and it all depends on the DA that gets assigned to your case if they want to charge you or not with the neglect/endangerment.
Customer: replied 1 year ago.

Thank you PaulMJD,
I appreciate your time and your clarity. I live in an agricultural area, and could not count the many times that I have seen kids driving tractors, but I imagine that those are prosecutorial invitations, as well.
Thanks and regards.

Expert:  Law Educator, Esq. replied 1 year ago.
You are right they do drive tractors and farm equipment, but steering a disabled car on a roadway without a license is a bit different I am afraid, since that car could not get out of the way under its own power in case another vehicle was coming at it and it was on a road.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.