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Las Vegas Criminal Law Blog

CAN YOU BE HELD LIABLE FOR YOUR CHILD’S SPRING BREAK DUI?

If your child is arrested for drunk driving over spring break, you may be held partially liable for his or her behavior. Depending on the circumstances surrounding your child’s arrest, you may be held liable in a civil case and/or a criminal case. If your child is at least 21-years-old, you will likely not be held liable unless you knowingly over-served him or her. Otherwise, you will generally only risk liability if your child is underage.

Parents are generally not held criminally liable for underage drunk driving behaviors. However, some states will prosecute parents who hold parties with underage drinking. Some states do allow underage individuals to drink specifically when they are in the presence of their parent(s) and have the consent of that parent. However, this leniency does not extend to allowing other underage individuals to drink in a random adult’s presence. If you provide alcohol to your own child or to another underage individual, you may be held criminally responsible if that alcohol leads to a DUI, depending on the laws of the state you are in.

In addition, you may be held liable for your child’s drunk driving behavior if your drunk child gets into an accident while using the family car. Depending on which state you live in, you could be held liable for this situation under either the theory of negligent entrustment or the family car doctrine. If you have questions about how you could be impacted if your underage child drinks and drives this spring break, please consult a local criminal defense attorney.

Source: Findlaw Blotter, “Can Parents Be Held Liable for a Child’s Underage DUI?,” Christopher Coble, March 12, 2015

Skillful Defense Against Any Type Of PCS Or Marijuana Possession Charge

My only concern is securing the best available result for each client I serve. I am diligent If you are found in possession of cocaine, heroin, methamphetamine, marijuana, a medication for which you have no doctor's prescription, club drugs or drug paraphernalia, I will present the strongest possible case to show that the drugs were not yours or that the police had no grounds to perform the search that led to the discovery of the drugs.

If the prosecution has compelling evidence in your case, I will pursue every available option in an effort to avoid a conviction on your record. Depending on the circumstances surrounding your case, it may be possible negotiate 3363 treatment that would allow for your case to be dismissed after you complete court-ordered classes or drug treatment.

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Law office of Benjamin Nadig, Chartered

228 S. 4th St., Third Floor
Las Vegas, NV 89101

Phone: ​702-706-0076
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I will do everything in my power to secure the best possible resolution in your case. Contact my office for a free attorney consultation. I offer on-site appointments at the jail or another location that is convenient for you if you are not able to come to my office. I will meet you at any time, day or night. You can reach me by phone at 702-545-7592 for an immediate response or via email for a response on the following business day.

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