Legal Question in Family Law in California

What can I do if my 17 1/2 year gets behind wheel under the influence of drugs.?

We have gone through treatment, counseling,ect.,but he is still smoking pot and using varies drugs. We want to protect our younger ones.

Anything we can do to protect ourselves legally if our son will not continue to stay clean? We are great parents. I am so at wits with what to do?


Asked on 4/13/12, 1:38 pm

2 Answers from Attorneys

Brian McGinity McGinity Law Office

Until he is 18 you are responsible for him. I suggest taking away the keys to the car. I also would make sure your insurance is fully paid and that he is covered. If I'm the attorney on the other side and I find out the parents are aware of the drug use and still giving permission to drive the car, I'm including a cause of action for negligent supervision. Along with the standard negligence causes of action. If he takes the car without permission, call the Police and report it stolen.

Good luck

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Answered on 4/13/12, 6:34 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Mr. McGinity is correct, you are still liable until he is emancipated, and that is not likely. You need to be very introspective and try to see if there are not things you are doing that make it easy for him NOT to change, such as allowing him to drive, etc.

My brother had lifelong problems with drugs until his death from an overdose. He went to so many rehabs, I lost count. Even when he was court ordered to stay in the rehab, he bailed. Until they are ready to quit, they won't, regardless of how much money is spent and how many tears are shed. My brother never committed a violent crime, yet spent the majority of his life in prison - all drug related issues. I understand your frustration, and my heart goes out to you. I hope he sees the light soon.

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Answered on 4/16/12, 11:42 pm


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