QUESTION
Is my wife's friend liable for the drunk driving incident?
Asked on Sep 21st, 2011 on Criminal Law - New York
More details to this question:
My wife's friend allowed her to drive her rental vehicle when she knew my wife was intoxicated. Subsequently my wife was arrested for DUI. However, my wife's friend who promised me she would call me or a cab if they had too many that night gets off unscathed. I feel as the registered operator of the rental she had some responsibility in the matter. Can I take court action against her to recover court costs, fines or anything? I got stuck paying all the fines and dealing with the aftermath.
17 ANSWERS
Nope. You have absolutely no case. The driver is the one legally liable. Period.
Answered on Jun 21st, 2013 at 2:16 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. Your wife made her decision and there is no duty of her friend.
Answered on Jun 03rd, 2013 at 2:52 AM
Steven D. Dunnings
No.
Answered on Jun 03rd, 2013 at 2:51 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 2:50 AM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes there is liability.
Answered on Jun 03rd, 2013 at 2:47 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Your wife's conduct would never effect her friend's criminal responsibility for driving drunk. However, people can be charged for knowingly let someone drunk drive their car. Since a rental car is under that person's control, that may be enough. But I imagine the prosecutor would have charged her already if they thought they should.
Answered on Sep 28th, 2011 at 11:26 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Unless your wife's friend was actively serving your wife the drinks and forcing her to drive, it is highly unlikely that you have any recourse against the friend. It was your wife's decision to drink and it was your wife's decision to drive. The focus should be on dealing with your wife and and addressing any potential alcohol issues that she might have. Hopefully, your wife has an attorney.
Answered on Sep 26th, 2011 at 5:17 AM
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Criminally you don't have an issue, and it's not a defense for your wife. However, you could always file a civil lawsuit against this woman. Good luck. Problem is, your wife is a grownup and no one can force her to do anything.
Answered on Sep 24th, 2011 at 12:14 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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She would certainly have some liability if there had been an accident, but I doubt that any judge or jury would excuse your wife ( or you ) just because the friend was silly enough to allow a drunk person to drive. You'll need to work it out with your wife.
Answered on Sep 24th, 2011 at 12:14 AM
We have what is called "dramshop" liability a person who permits another intoxicated person to drive, if the driver gets in an accident and hurts property or people. Otherwise, you have nor recourse.
Answered on Sep 23rd, 2011 at 11:25 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Peter A. Duarte
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I don't believe you have a cause of action against your wife's friend to recover cost associated with your wife's DUI case.
Answered on Sep 23rd, 2011 at 3:11 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Why did you pay your wife's fines when you should have made her do that. You cannot sue her friend because you do not have standing; i.e., since you had no legal obligation to pay your wife's fines her friend had no duty to you. Comes back to the original question - why did you pay your wife's fines in the first place.
Answered on Sep 23rd, 2011 at 1:30 PM
Your wife is responsible for her own actions. Because some lets a person who may be intoxicated drive does not make that person responsible for the criminal activity of the driver. There is nothing you can do against the friend.
Answered on Sep 23rd, 2011 at 12:20 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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You can try, I guess, but the best argument you can think of will not change the fact that your wife was the one driving drunk. That's why you got "stuck" with the fines and penalties.
Answered on Sep 23rd, 2011 at 11:48 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Your wife is responsible for her own actions in driving the car while intoxicated. You would not be able to recover any of the relevant costs involved with the criminal charge.
Answered on Sep 23rd, 2011 at 11:36 AM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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No, not in criminal court. Your wife drove and your wife was drunk.
Answered on Sep 23rd, 2011 at 11:10 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think that you have a claim against her. No one held a gun to your wife's head to get behind the wheel. She is responsible for her own actions.
Answered on Sep 23rd, 2011 at 11:09 AM