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.
Showing posts with label 16 years old. Show all posts
Showing posts with label 16 years old. Show all posts
Monday, March 23, 2009
Monday, January 5, 2009
Legal Eaze #21 Pregnant/ Collections Agency
Originally Printed: May 4, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I am 16 years old and pregnant. My boyfriend is 18 years old. My parents like him and do not want to press charges against him. My parents and I are worried that the hospital staff at the hospital I go to when it is time to give birth will call the police on my boyfriend. Can the hospital staff do that? Or it is up to my parents?
A. My understanding of criminal law is that no one goes forward with a criminal filing unless there is a complaining victim. Mandated reporting is for child abuse only, not for impregnation of a minor, even if in violation of statutory rape laws. Please note that I am a “civil” general practitioner and only handle minor criminal matters. You would be best served by asking an attorney who handles criminal matters of all kinds.
Q. There is a man from a collection agency who keeps calling me with regards to an old debt dating back over 10 years ago. I have told him to leave me alone but he keeps bothering me at home. Somehow, he found out my boyfriend’s telephone number and he calls me there as well. It is legal for this collection agency to keep calling me like this?
A. I believe the Statute of Limitations on the debt may have expired. This collection agency can no longer collect on the debt. If you had a written contract with regards to this debt, the Statute of Limitations expired four years after you entered the contract, or four years after you made the last payment on the debt, whichever comes later. If you did not have a written contract, then two years is the applicable Statute of Limitations period. The collection agency may be liable for unfair debt collection practices and it would behoove you to take down the name, address and telephone number of this collection agency so that you can obtain court redress at a later date. It would be difficult for you to sue a collection agency if you do not know its name and contact information.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I am 16 years old and pregnant. My boyfriend is 18 years old. My parents like him and do not want to press charges against him. My parents and I are worried that the hospital staff at the hospital I go to when it is time to give birth will call the police on my boyfriend. Can the hospital staff do that? Or it is up to my parents?
A. My understanding of criminal law is that no one goes forward with a criminal filing unless there is a complaining victim. Mandated reporting is for child abuse only, not for impregnation of a minor, even if in violation of statutory rape laws. Please note that I am a “civil” general practitioner and only handle minor criminal matters. You would be best served by asking an attorney who handles criminal matters of all kinds.
Q. There is a man from a collection agency who keeps calling me with regards to an old debt dating back over 10 years ago. I have told him to leave me alone but he keeps bothering me at home. Somehow, he found out my boyfriend’s telephone number and he calls me there as well. It is legal for this collection agency to keep calling me like this?
A. I believe the Statute of Limitations on the debt may have expired. This collection agency can no longer collect on the debt. If you had a written contract with regards to this debt, the Statute of Limitations expired four years after you entered the contract, or four years after you made the last payment on the debt, whichever comes later. If you did not have a written contract, then two years is the applicable Statute of Limitations period. The collection agency may be liable for unfair debt collection practices and it would behoove you to take down the name, address and telephone number of this collection agency so that you can obtain court redress at a later date. It would be difficult for you to sue a collection agency if you do not know its name and contact information.
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