Legal Eaze #44 Daughter Drivers License/ Defamation

Title: April 19, 2006

Q. My 16-year old daughter just got her driver’s license. Can she drive her siblings to school?

A. Vehicle Code Section 12814.6 just took effect on Jan. 1, 2006. It reads as follows: A driver’s license issued to a person at least 16 years of age but under 18 years of age shall be issued a “provisional” driver’s license, and it is subject to all of the following restrictions: During the first 12 months after issuance of a provisional license, the licensee may not do any of the following under accompanied and supervised by a license driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age of older, or a licensed or certified driving instructor. (a) Drive between the hours of 11 pm and 5 am. (b) transport passengers who are under 20 years of age. This means that if her siblings are under the age of 20 years old, she cannot have them as passengers.

Q. An ex-girlfriend of mine has spread nasty rumors about why we split up. She said to others that I left her because she was pregnant and that she had to have an abortion because I would not help her after the birth. I am sterile and cannot make any woman pregnant. I left her because I did not love her anymore. What can I do about this?

A Defamation is a false statement that is told about another person that harms that person’s reputation in the social or business community. To be held legally liable for defamation requires specific elements to be proven in court. Practically speaking, if anyone could be successfully sued just because they had some false and embarrassing statements said about them then many forms of media and political campaigning would have been sued out of existence some time ago. Defamation describes both “libel” and “slander”. Slander usually refers to defamation that is only spoken between people and libel specifically refers to defamation that is printed or written. Slander is typically more difficult to prove because there is no recording. For you to sue, the following requirements must be met: (1) it needs to be “published” or communicated in some form to a third party. (2) The statement must identify the specific individual who is claiming the defamation. (3) The statement must be false. (4) A plaintiff must also prove an appropriate level of fault on the part of the defendant who made the defamatory statements. This depends on whether the plaintiff is a public figure or a private figure. (5) Lastly, the plaintiff must have suffered some damages which can be remedied by the courts.

Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.