Daniel Hynes

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12 year old sues parent after alleged drunk driving car accident

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http://shine.yahoo.com/parenting/12-old-sues-parents-drunk-driving-car-accident-190600659.html

"After almost losing her life to her parents' poor judgment, a little girl has taken her family to task—and to court.

12-year-old Faith Carberry, of Longford, Ireland, filed a lawsuit against her parents, Mary Carberry and Tommy Varden, after sustaining severe injuries from a drunk driving accident caused by Carberry, driving a car purchased by Varden. On Wednesday, the liability suit was settled on undisclosed terms. "

"Faith is not alone in being a childhood victim of drunk driving. In the US, more than two thirds of children fatally injured in car accidents were riding with drunk drivers, according to a report by the Center of Disease Control and Prevention."

In New Hampshire, if you commit DWI with comeone under the age of 16 in the vehicle, you face aggravated DWI.

If you plead guilty to dwi, or are found guilty, this can be used against you in a civil case if you caused property damage, or personal injury. If, you are found not guilty, or plead no contest (nolo contendre), you can still be sued in a civil case, however, the other person would have to still prove you are responsible. Because the burden of proof is higher in a criminal case, you could be found not guilty in the criminal case, yet still lose a civil case.

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Guest Saturday, 24 October 2020