Reader’s Question:

How do I choose the right lawyer for my DUI case?

Miranda

Los Angeles CA

Finding a attorney for your ” driving under the influence ” could possibly be the most essential part of achieving the objectives in your case. There are a couple of resources available, and sifting through it to find the right ” driving under the influence ” attorney is a difficult job. Here are a few useful tips to help you look for a DUI attorney that’s best for you.

Be certain the DUI Lawyer Practices in your town

Finding out the particular judges, and the way they operate their own courtroom, although it will not affect what the law is , could increase your possibilities for a positive end result. Understanding the prosecutors, however, is definitely an very helpful source. Check to determine if the DUI attorney you are thinking about is aware the prosecutor’s names, and if he has worked with them in before. If not, ask what the attorney any ideas on carrying out to understand concerning them before stepping foot in the Courtroom.

In the event that your DUI lawyer is not really acquainted with your judge and your prosecutor, be sure he or she has a plan to acquire information about them before you go to the court.

Be certain the Lawyer is Current on DUI Law

DUI law is the most dynamic and complex area of litigation in the criminal law. So make sure your lawyer knows the current law on DUI.

Go over Expenses

Come with an honest discourse with regards to the fees the lawyer charges. Can they give flat rate arrangements or do they bill by hour rate? Can you pick the payment arrangement? What other expenses (postage, copy costs, telephone charges, etc) do they charge.

Do not ever pick an attorney dependent solely on their cost. One doesn’t select the least expensive physician, do you? While cost is probably a consideration, tend not to make it the deciding factor. Should you lose your career, invest an additional thirty days in prison or lose your ability to drive for a year, perhaps you have truly saved any money by picking the lowest priced attorney?

Remember to be comfortable with the DUI Lawyer

No matter the amount of or how minimal in paying your Drunk Driving attorney, unless you are secure with them and feel they will fight for what it’s you would like and need, you won’t be pleased with the results. Most DUI lawyers provide a free session in their office. Go meet them. Make a decision if they’re individuals you want and feel great about. Are you going to have the ability to contact them? Will they get back to you if you have questions, or will you be lost in a sea of voicemails? Ask a bunch of questions, and use the chance to truly interview them. If you don’t come across an attorney’s office that you feel cares about it and is qualified and efficient at carrying out things you need in your case, you won’t be satisfied with the outcome. Get the most benefit from showing interest in what they do, and finding the right DUI lawyer to suit your needs.

, , , , , , , , , , , , , , , , , , ,

Reader’s Question:

Why is SR22 insurance in California being referred as certificate of financial responsibility? In case I’ll be required to get SR22, will my insurance company have this?

Robert

Corona, CA

California SR22 insurance is usually called certificate of financial responsibility or simply high risk insurance. Actually, SR22 is a form that becomes a part of the car insurance of the person required to get it. In general, SR22 would be asked of a driver due to the following reasons: a conviction for Driving Under the Influence (DUI), numerous at-fault road mishaps or other reckless traffic violations, or if a driver does not have car insurance after an at-fault traffic mishap.

California SR22 insurance certifies the policyholder that he/she does have the proper insurance. This is filed by the car insurance company to the Department of Motor Vehicles (DMV) with the assurance that although the policyholder is a high-risk driver, he/she has at least the minimum required coverage. Also, it is very important that the SR22 insurance doesn’t lapse because if this happens, the DMV will be notified right away. This will prompt the DMV to have the driver’s license re-suspended until he/she gets SR22 insurance.

Not all car insurance companies in California offer SR22 insurance; and if they do, they offer it at a price. So you have to check with your current provider first if they do have it in case you’ll be required to get it in the future.

, , , , , , , , , , , , , , , , , , ,

Reader’s Question:

I just got a traffic ticket here in Berkeley last Tuesday for speeding and unfortunately I’m a little drunk at that time. Does my unlawful behavior affect me of getting a cheaper car insurance here in California? Can I get a comparison car insurance quote?

Leigh

Berkeley, CA

First of all, this unlawful behavior is what Insurance Companies there in  California consider in giving you on how much they will offer you for this are the grounds on giving increase to your insurance rate.

With regards to traffic tickets, as long as you get one traffic ticket only for a year. You can just use the deferment program and pay the traffic ticket and your record will be erased and the insurance company will not be able to recognize it. It is easier to get away from traffic violation especially if you haven’t used your deferment program yet. Unlike other unlawful behavior like driving under the influence of alcohol and drugs, it is not easy to get out off it which includes a complication in your car insurance. If it is a car accident and it wasn’t your fault you will still have a charge raise for you are in the accident and you are there to complete it and that makes you still a part of the accident. And if it is your fault the more you will have a problem especially if you have been drinking. Not only that you are going to have problem with the law but also with the unstoppable increase of your insurance.

, , , , , , , , , , , , , , , , , , ,

Reader’s Question:

How long do I have to carry an SR-22 insurance in California, for a DUI conviction?

Joe

El Cajon, CA

After a DUI conviction normally in California one must file and carry an SR-22 for a period of three years. The amount of time the El Cajon California SR22 must be maintained by a driver may vary depending upon their conviction and if there were other issues surrounding in the case, such as driving uninsured.

If you are required to carry an SR22 insurance due to a DUI in CA you may contact the California Department of Motor Vehicles to know exactly how long you are required to maintain it.

If you had been convicted of driving under the influence of drugs and/or alcohol (DUI) you would have to go through the following steps to have license reinstated:

  • Complete a mandatory suspension period.
  • Pay to DMV a reissue fee .
  • File Proof of Financial Responsibility SR 22
  • File a Notice of Completion Certificate (DL 101)
  • Pay fines to the court.
, , , , , , , , , , , , , , , , , , ,

Reader’s Question:

Is having a DUI conviction here in California be a ground for my auto insurance company to nonrenew my policy?

Margie

Burbank, CA

Auto insurance company could nonrenew your policy only when it comes up for renewal, and state laws don’t always spell out the offenses for which an auto insurance company can nonrenew insurance policies. Nonrenewal simply means that your auto insurance company no longer wishes to sell you insurance. This is generally due to having too many claims for at-fault accidents, having a conviction for driving under the influence or DUI or receiving too many traffic citations during the last three to five years.

Because of your DUI conviction there in California, your auto insurance company may nonrenew your auto insurance policy. They may decide to keep you but it’s no doubt that they will raise your insurance premium. If you get a new auto insurance policy from another company, they may also charge you higher premiums. But that doesn’t mean you can’t get a policy for a lesser price. You can try out for yourself and get an online rate quote from this website for your auto insurance.

, , , , , , , , , , , , , , , , , , ,

Reader’s Question:

I got two DUI conviction this year and last year. What will happen if I get pulled over by a law enforcement officer and I have no proof that I am driving for work in Alameda?? I live in Alameda CA.

Richard

Alameda, CA

In California a restricted license granter after a 2nd DUI conviction has guidelines that you need to abide. The California law states that the restriction of the driving privilege shall be limited to the hours needed for

  • driving to and from the place of employment,
  • driving during the course of employment, and
  • driving to and from activities required in the driving-under-the-influence program.

The California Department of Motor Vehicles states that they may suspend or revoke the drivers license,once they receive satisfactory proof of any conviction of the restrictions of a driver’s license .

Therefore if you get caught driving outside your restrictions your driving privileges may be taken away again. The CA DMV should be able to give you information if there will be additional fines and penalties given to you by the judge or courts if you are stopped in Alameda and cannot prove you are driving within your restrictions.

, , , , , , , , , , , , , , , , , , ,

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.

, , , , , , , , , , , , , , , , , , ,

Reader’s Question:

Is it legal for my auto insurance company to raise my rates without my approval, just because I got involved in a drunk driving arrest in Sacrament, California? Is it also true that my old auto insurance company will provide my drunk driving record to my new insurance company, in case I decide to cancel my policy with them?

Juan

Sacramento, CA

Assuming that you’re involvement means that you were the one pulled over and charged with Driving Under the Influence, then the answer is yes, a DUI case would usually mean the start of a sour and uphill battle with your current insurance company, often involving ridiculously raised monthly premiums or a mail notifying the cancellation of your policy altogether. This is because it would be very risky for the car insurance company to keep you if you have been proven guilty of a DUI charge. You might even be labelled a high-risk driver, further complicating things in the event you do need to file a claim with them in the future.

If you do decide to go with a new insurance carrier or should your current carrier there in Sacramento, California decide to drop you, the best you can do is to look for the lowest rates you can find elsewhere. You may be interested to take a look at the very competitive auto insurance package being offered in this website as well. Finally, it is highly unlikely that a company will share its customer’s records with the competition, and California does have laws protecting your consumer information, however, this doesn’t mean that your new Insurance Company won’t know about your previous DUI charges or driving history. And even if they don’t find out about it for now, most insurance companies run driving record checks at least once every three years or if you get a new policy so it will still come up later.

, , , , , , , , , , , , , , , , , , , , , ,

Reader’s Question:

A friend of mine got arrested in Los Angeles, California because of DUI. He had a slurred speech according to the police report. Can a slurred speech be used as evidence in a DUI trial?

Alonzo

Los Angeles, CA

Just like the odor of alcohol on the breath of a person arrested for DUI, a very few police reports would fail to include an observation by the police officer that the person arrested exhibited “slurred speech” during the DUI arrest. The police officer usually expects to hear slurred speech in a person whom he/she suspects as intoxicated or driving under the influence, particularly after smelling alcohol on the breath. Also, it would be a psychological fact that we tend to “hear” what we expect to hear. And upon hearing a slurred speech, it supplies the police officer with a proof of his suspicions that the person was indeed intoxicated, and thus driving under the influence.

Assuming that the police officer was honest that your friend who was arrested for DUI in Los Angeles, California had a slurred speech during the DUI arrest, there is little evidence that this is a symptom of intoxication. For example, impairment of speech, even when sober, is a common reaction to the stress, fear and nervousness that a police investigation would be expected to happen. Fatigue is also a well-known cause of having a slurred speech. A study of phonetician showed that even self-proclaimed experts are not good at estimating people’s alcohol levels by the way they talk.

, , , , , , , , , , , , , , , , , , , ,

Reader’s Question:

What do you think is the first thing that my sister should do after being arrested for DUI here in California? We are all laying out things we would have to do to help her out.

Quentin

Anaheim, CA

After having arrested for driving under the influence can be a life altering experience. A lot of people are not sure of what to expect when they find themselves faced with DUI charged. DUI offenders are most often unprepared that’s why they easily make mistakes that can cause them money, time and even their freedom. The fact that we have to face is that most people are actually not familiar with California DUI law and do not have the legal experience to avoid critical mistakes.

Since your sister has been arrested or charged with DUI in Anaheim, California, the first thing that she should do now is to contact an experienced DUI attorney. The DUI attorney would provide her with valuable information and advice to protect her long-term interests from the very beginning of the legal process. A DUI attorney can do many things for their clients that their clients cannot do for themselves.

, , , , , , , , , , , , , , , , ,