Legal Question in Traffic Law in Pennsylvania

Re: Driving without a valid drive license

Well your daughter has learned one of those very valuable lessons.

This matter will travel along two routes, the criminal and the civil. As to criminal, the judge has a lot of leeway. Depending on her record and her reasoning for driving while under suspension she could get off with probation but it is possible to see jail time from this matter. The total fees and fines can vary depending on the locality, there are statutory charges but also various fees and court costs that will be applied. And probably a probation fee in addition to the costs on the civil side.

As to the civil side, PENNDot will not look kindly on her driving while under suspension and her suspension will likely be significantly lengthened. They will also require her to pay significant fees and may require another driver's ed. class.

As for you. Thank your lucky stars there wasn't any significant damage or personal injury. Your insurer will not be happy if it finds out about this matter. It will reflect on both your insurance rates and will definitely affect your daughter's rates for years to come.

Had there been significant injury your insurer would have looked to you to indemnify its losses due to your negligence in allowing an unlicensed driver to operate your vehicle. In other words, they would have paid according to your policy but then would have sued your for every cent plus attorneys fees. And they would have a good chance of winning. As it is, if your insurance company finds out about this matter then it could cancel your policy or raise your rates in addition to placing this information on your record. As it is, unless you are wealthy, you should make certain that your daughter is not covered on your insurance policy, has her own policy and that she NEVER, EVER uses your vehicle again. This may even entail her moving away from home. If you do the math, the cost of her moving out of the house will be less than the increased cost of your insurance over the next few years. As long as she lives in your house her record may affect your insurance rates.

Needless to say, an attorney is needed to help your daughter through this mess. The attorney will help to mitigate the civil and criminal penalties.

Hope this provides the information you needs, I know it wasn't what you wanted to hear.

Regards,

Roger Traversa

[email protected]

PS - Please remember me for all your legal needs and referrals are always appreciated. RJT

Re: Driving without a valid drive license

First, what do you THINK will happen? She will end up at the very least with significant fines, and I suspect a 6-12 month loss of license, possibly a short stint in jail.

What does, "she was driving a car that is owned by her us her parents" mean? If she was driving your car with permission... what can I say, but WHY? Unless there was some exceedingly compelling reason/emergency, you should not let her drive your vehicle, as anyting that occurs will land on your shoulders. Expect the insurance company to refuse to pay for any damages, and your insurance rates may go up significantly.

You nor your daughter can afford to drive while revoked. This is serious caca, take it seriously. I do not believe the DUI laws are 100% fair or reasonable, and I do not know the circumstances surrounding your daughter's DUI suspension, but relative to NJ, a 2 month suspension is minor. Don't get me wrong, I do not want intoxicated people driving, and I'm not concerned myself, as I do not drink, but most people I know NEED a car to function, and Motor Vehicles in evey state has a nearly ALL the power if it comes to a fight, so tryst me you can not afford a fight with them.

Hope your daughter gets smart, gets past this problem in her life, and does not repeat it.