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If someone is required to have an interlock device on their…

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If someone is required...

If someone is required to have an interlock device on their car and I permit them to drive my car which does NOT have an interlock device, what are the penalties for me?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NC

Lawyer's Assistant: What steps have you taken so far?

I’m not sure what you mean

Submitted: 3 months ago.Category: Legal
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Answered in 1 hour by:
3/24/2018
Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Legal
Satisfied Customers: 1,192
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I have not found a criminal penalty per se for such conduct, though there may be one. The real concern in a scenario like this one is that if you knew the other person was required to use an interlock device, your car did not have one, yet you still permitted that person to drive your vehicle, you could be found to be liable for any damages in an accident or other injury-causing incident on the theory in North Carolina of negligent entrustment. Rather than being liable for the other person's conduct, this theory imposes direct responsibility on you for negligently providing equipment, such as a motor vehicle, to someone you should have reasonably known was not a proper person to permit to use (in other words, not trained, responsible, otherwise able to competently drive the car). In a situation where someone is required to have an interlock device and you knew that, negligent entrustment in the event of any incident would likely be a big possibility. If you did not know until after of the interlock requirement imposed on that driver, you may have a good defense. Ultimately the responsibility to ensure every vehicle driven has an interlock device is the driver's obligation, but as described above there are situations where you could be held responsible.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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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).

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