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Ask David C. Garner Your Own Question

David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 846
Experience:  JD with Distinction, Admitted to practice in California
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My boyfriend had a suspended drivers license and took a car

Customer Question

My boyfriend had a suspended drivers license and took a car that was in my name without my permission and was pulled over for a dui. Now Im being cited do I need a lawyer?
Submitted: 3 years ago.
Category: Legal
Expert:  David C. Garner replied 3 years ago.

David C. Garner :

Hello, are you there?

Customer :

yes i am

David C. Garner :

What are you being cited for?

Customer :

i dont remember the exact term bc i am a little in shock right now, but basically letting my boyfriend take the truck knowing his license was suspended...when he didn't have my permission and I wasn't even there.

David C. Garner :

Thats really the information I need. I am not sure how you could be cited since the prohibition against driving was against him. I know of no law that imposes liability on you which is why I am curious as to what you were cited with. Are they saying you knowingly facilitated what he was doing?

Customer :

yes the officer who arrested him dor a dui said that I am going to be cited because the truck is in my name and he was driving it while his license was suspended

Customer :

for, sorry not "dor"

David C. Garner :

ok. Have you actually been cited yet?

Customer :

No, the officer told me that I can go get the truck tomorrow because it has been impounded since Friday morning due to a hold being put on it by him. He told me that I will "pick up my papers" then.

Customer :

He said when I asked if I needed a lawyer that he couldn't tell me that and if a judge wanted to let me off then it would be up to a judge

David C. Garner :

Stand by....

Customer :

?

David C. Garner :

Ok...are you there?

David C. Garner :

Hello?

Customer :

yes i am

Customer :

hello?

Customer :

hello, what should I do

David C. Garner :

Ok, I lost you there....

David C. Garner :

I checked and I can find no "criminal facilitation" with respect to driving on a suspended license. The point is that I find it difficult to imagine what you would be cited with.

David C. Garner :

If that does happen, please get back in touch with us and we will help you.

David C. Garner :

Best of luck to you.

David C. Garner :

DCG

Customer :

I found out what I am being charged with. You told me to get back in touch if I do get cited and it is with "wrongful intrustment" its a minor misdemeanor with a maximum fine of $500.00 plus jail time. Im a first time offender and have only ever recieved a speeding ticket...ever. So would you think that I need a lawyer, my court date is Monday.

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