Legal Question in Criminal Law in Virginia

Re: Liability of Family when another family member is driving on suspended license

No, you could not be held liable in a lawsuit (although HE certainly could, and could get hit with very severe punitive damages for driving either drunk and/or without a license and then causing an accident.)

However, the company that employs him COULD potentially be held liable. The company and your grandfather (a) almost certainly would be liable if he was driving on company business at the time and (b) might possibly be held liable for allowing him to drive even if not on company time at the time of the accident.

Normally insurance would pay for the damages from any accident large or small. He should make certain that his insurance coverage is large enough to cover any serious accident. (It is almost certainly a violation of his insurance policy for him to drive without a valid license. But the insurance company will be obligated to honor the liability to a third party. They might come after him to get their money back because he violated the policy by driving without a valid license. But they would probably pay the third party for any accident.)

However, others who are simply aware of the problem are not legally responsible. Well, TECHNICALLY, there is a concept called "misprison of a felony" which requires one to report the occurrence of a felony. However, it is routinely ignored and I don't think it has ever been enforced in the last 100 to 200 years. Your chance of being charged for "misprison of a felony" are about the same as being hit by a meteorite.

However, your nephew almost certainly CAN apply for a "restricted license" which will allow him to drive to and from work (only) and to and from school if applicable.

Because he can probably get a "restricted license" there is no good reason for him to be doing what he is doing. I mean, obviously, he should not be doing it at all, but when you try to talk him out of it, it may be easier to persuade him to stop running this risk if you can persuade him that there is another alternative available.

To get a restricted license does depend a bit on why it was suspended, and whether he asks correctly.

Obviously he should not be doing this. You know that already. He is committing a crime and it can ruin his life if he gets caught and convicted.

Obviously your ability to talk some sense into him is limited by his alcoholic addiction He is already ignoring the danger to himself, so he may not understand the long-term danger. But he would be better off hiding in the basement for 90 days and letting this short period pass rather than run this risk.