Question

While cutting class and driving off campus to meet friends for lunch, Marie, a busy college student, is busy talking on her cell phone with her friend Steve. There is a new statute in her state making it a criminal offense to talk on a cell phone while operating a motor vehicle. Marie crashes into the side of Saul's new convertible when she looks down to pick up a can of soda she just dropped on the floor of her car. A police officer just down the street comes over to investigate. Marie explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Saul comes along. He is furious regarding the significant dent in his new car. Marie says she has insurance and that she will cover the whole incident. Saul says that is insufficient. The officer tells Marie that she must obey the law and proceeds to write several citations to her. Which of the following is/are true regarding Marie's predicament?
a) Marie can be given a ticket and prosecuted criminally by government officials, but she may not be sued for a civil violation.
b) Marie can be sued in a civil action by Saul, and the government can also prosecute her for a criminal violation.
c) Marie can be sued for a civil action and must pay for Saul's car, but she cannot be prosecuted for a criminal violation.
d) So long as Marie has insurance and can pay for Saul's vehicle damage, she cannot be prosecuted in a civil or criminal action.
e) Saul can prosecute Marie in a criminal action, but he cannot sue her in a civil action.

Answer 1

Answer:

I believe it is A and E...