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Reckless Imprudence by a Minor

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1 Reckless Imprudence by a Minor on Wed Nov 09, 2011 12:00 pm

Hello po, I'd like to ask for advice regarding the facts below:

Winson, 17 yo, drove our multicab without our permission at 1:30am in the morning. He hit a motorcycle with 2 passengers. The driver (owner of motorcyle) was settled na. the other passenger who had to undergo an operation for his fracture is demanding 90k from us. We counter-offered 60k total. No settlement was achieved during the preliminary investigation. They will just file a case of reckless imprudence. My questions:

1. What are the consequences to Winson, a minor? Will he be arrested? If so, can he be bailed out? Will he be imprisoned?

2. What are consequences to us who own the multicab? Can they eventually file a civil case to demand 90k?

3. How do we get the multicab which is now still in the custody of the police?

4. When will their cause of action prescribe? The incident happened last May19th. The final hearing (prelim investigation) is today Nov 10th.

Thank you very much! Very Happy

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2 Re: Reckless Imprudence by a Minor on Sat Nov 12, 2011 11:32 pm

attyLLL


moderator
who is this winson to you? are you in a position to file a case of carnapping against him? this can be used as a defense against claims against you.
1) he can be still be convicted if it is shown he knew what he was doing was wrong
2) damages can be claimed from the registered owner

3) file a motion with the prosecutor to release motor vehicle. you will need pictures of the vehicle and an affidavit of undertaking

4) it will not because the case was already filed at the prosecutor's office.


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3 Re: Reckless Imprudence by a Minor on Mon Nov 14, 2011 8:57 am

Thanks Atty. for answering my queries. Winson is actually my husband's cousin. We may not be able to file a case against him. He is a teenager and nilabas nya yung vehicle to buy food for him after drinking with the neighbors.

Atty, the motion to the prosecutor and affidavit of undertaking - are these things we can file without a need of lawyer? What will an affidavit of undertaking contain? Thanks atty for the help.

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4 Re: Reckless Imprudence by a Minor on Wed Nov 16, 2011 11:01 pm

attyLLL


moderator
you can look for samples on the web. many notaries have ready drafts.


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5 Re: Reckless Imprudence by a Minor on Thu Nov 24, 2011 9:57 am

Thank you atty for the help. : )

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6 Re: Reckless Imprudence by a Minor on Mon Apr 22, 2013 2:32 pm

nikerbg


Arresto Menor
gud pm sir. can i asked a little question regarding the motorcycle which now under the custody of the police station. for the reason that motorcycle involved in traffic accident. can we get our motorcycle, witho amicable settlement etween us the complainant and respondent..?

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