Free DUI Lawyer In California

Reader’s Question:

I have an auto insurance provider here in Los Angeles, California, and I was wondering if In the event I got myself hurt inside my vehicle, but not necessarily while the vehicle was on the road or being driven, would my auto insurance still cover me?

Smith

Los Angeles, CA

This is a very interesting question, whether or not your auto insurance provider there in Los Angeles, California would cover you for treatment of injuries while you were inside your vehicle, and your vehicle was just parked in the driveway or otherwise not being driven on the road, all depends on exactly how you got injured. If you look under your auto insurance agreement you will see that injuries arising from operation of your vehicle, use and maintenance would normally be covered under your insurance coverage. This particular coverage would normally be stipulated under the auto medical, Personal Injury Protection or No Fault Insurance coverage of your policy.

If the injury was self-inflicted, was not related to, or did not occur while operating or performing maintenance on the insured vehicle as determined by further investigations done by the auto insurance company, you probably won’t get covered by your auto insurance but you may be able to get coverage from a medical insurance policy, if you have one.

It may also be interesting to note that the same policies discussed above might not be the same should someone injures him or herself while inside your vehicle. If you manage to get someone injured while inside your vehicle and it was due to the operation or maintenance of your insured vehicle, the auto insurance provider may be able to give compensation or pay for treatment under the liability insurance coverage of your auto insurance agreement.

Reader’s Question:

Is it true that even if the person is not driving, but was found sleeping in the car and believed to have consumed alcohol, can be charged with DUI in California? How could this happen if the person was not actually driving?

Abby

Carson, CA

Yes, a person who is not really driving but has consumed alcohol and has slept in the car can be charged for DUI in Carson, California. If he/she is in control of a motor vehicle and in possession of the keys, it will be treated as drunk driving. In this case, it isn’t really ‘driving under the influence’ in its literal sense, but it’s gonna be ‘operating a motor vehicle under the influence.’ Even those who have slept in the back seat and may have potentially driven the car can be cited for DUI. But if the keys were not on the person at all, there may be ways to beat the DUI charge.

But in any DUI case, the court should find that there are reasonable grounds to believe for the police officer to believe that the person was operating a vehicle while under the influence. In finding out if a person has actual physical control over the vehicle, such that as person may be charged with DUI, the courts would look at where the person was seated in the vehicle and if the vehicle engine is running. In many DUI cases that the person was found sleeping behind the wheel and the engine was running, courts have upheld DUI convictions.