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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I let my daughter drive my car in the country and county of

Customer Question

I let my daughter drive my car in the country and county of Ada, Idaho. My daughter is
17 and unlicensed. She made a right turn on a very poorly maintained intersection and
ran the car off the shoulder and into an irrigation ditch owned by the water users assoc.
of Idaho. I was with her, I am 66. Some people stopped who did not see her driving, but
my daughter told them she was driving. Immediately these people called the City police which is more then 2 miles away. The city police came and threaten me. After a lot of
loud lecture by the city police. My wife comes to the site bringing my 4x4 that would
pull the vehicle out of the mud. The city police would not allow me to do this. We called a tow truck. Then the county police show up, and issued me a citation for letting my daughter drive and my daughter one for misdemeanor driving without a license.
My question is does the county police have the authority to issue citations when the only
evidence is our vehicle being stuck in the mud on private property? If so, what would
usually be the penalty for my daughter, I asked her to drive.
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, the evidence was not only the vehicle being stuck in the mud, and the associated property damage, but also your daughter's statements to the witnesses. While these statements may be "hearsay" if they were to be presented in court, the police have a right to issue a citation based on this information. (I would also assume that your daughter did not deny driving without a license during this interaction with law enforcement).The citations that both of you received would be appropriate. Your daughter is likely eligible for a learning permit (although the citation she received may need to be dealt with now), but without one, she is not permitted to drive on public roads, even with your permission.You can fight these citations in court if you like - there is always a possibility that you can prevail (even if the odds are very small), if you plan on doing this you can retain legal counsel to represent you (usually increasing your odds of success), or you can represent yourself (your daughter will need an attorney to represent her, you cannot represent your daughter unless you are a licensed attorney). If you plan to represent yourself, I would recommend going to court and sitting in on the court's traffic law calendar before your own hearing date so that you can get a better idea of what to expect for your own hearing and better prepare for your own hearing.