Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

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

steer an inoperable car while...
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?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 8 minutes by:
6/21/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,084
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
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.
Category: Criminal Law
Satisfied Customers: 121,084
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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.

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.
Ask Your Own Criminal Law Question
Customer reply replied 4 years 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.

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.
Ask Your Own Criminal Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 121,084
121,084 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Is it grounds for dismissal in court for a state trooper not
is it grounds for dismissal in court for a state trooper not certified on a datamaster for dui … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
The court has sent me instructions on how to respond to
The court has sent me instructions on how to respond to summary judgement. I am not sure how to follow this format? Please Advise?… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
Would it matter for law suit and court purposes if the eeoc
Would it matter for law suit and court purposes if the eeoc did not gather sworn testimonies… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
In requesting the appellate court for reconsideration I
In requesting the appellate court for reconsideration I guess that I have to provide the court with three motions— 1) to request a recall of the mandate or perhaps an appeal of the mandate2). Motion f… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
The 2255 motion has been denied by the District court. The
The 2255 motion has been denied by the District court. The certificate of appeallability was also denied. Due to circumstances beyond my control - I submitted a bare bones Motion to the appeal late co… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
I missed court yesterday...this is the second time ive
I missed court yesterday...this is the second time ive missedcourt i went to jail 3 months ago for missingcourt … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
If a person was not court ordered to do community service
If a person was not court ordered to do community service and they forge the hours is it a felony … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
I remember getting a document at the court house following a
Hi again I remember getting a document at the court house following a search once called an affidavit In Support of Search. I'm wondering if I can go into the county and ask for it today without havin… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,084 satisfied customers
If a CJA (court appointed private attorney) is representing
If a CJA (court appointed private attorney) is representing a defendant and ignores the defendant's information and evidence provided after several months yet insists he's preparing for a trial and re… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,084 satisfied customers
What does it mean if on the court website under the case it
What does it mean if on the court website under the case it says "HEARING SET 11/16/2018 AT 8:00 FOR BRD IS VACATED. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have court in january for traffican and sales of meth. And
I have court in january for traffican and sales of meth. And i do not have a lawyer … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,084 satisfied customers
When an inmate is in custody he or she appears in court and
when an inmate is in custody he or she appears in court and is mandated to drug rehab after time served by the court..What exactly is in order of the inmate … read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
My son was arrested August of 2016 went to court and was
My son was arrested August of 2016 went to court and was sentenced. He had another outstanding warrant in East Baton Rouge parish at the time. He went to court n EBR, was arraigned and also sentenced … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
If a person was never court ordered to pay half of their tax
If a person was never court ordered to pay half of their tax return toward their probation fees can that person get violated. Even though they still make their monthly probation payment … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
If the original charges in the general district court
If the original charges in the general district court (possession of Marijuana with intent to distribute) were reduced from felony to misdemeanor and listed as nolle prosequi (not prosecuted) then apa… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,084 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
How much is cost submitting court paper to court? Is it in
How much is cost submitting court paper to court? Is it in mail? By messenger? Has to be in person? Please tell me each cost in New York.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x