Reader’s Question:

I am so unfortunate to have been in an accident here in California and my car was declared a total loss by my car insurance company. If I decide to keep my damaged car, will my insurance company let me to? If not, how quick will they send me a check?

Lawson

Victorville, CA

Generally, a damaged vehicle will be for sale at a salvage yard and your auto insurance provider in California will own the profits of this auction. In case you want to hold on to your damaged vehicle, and the state law allows it, your auto insurance provider would obtain bids from salvage purchaser to establish the fair market value of the salvaged vehicle and they would subtract that amount from your payment. A lot of states are requiring the title to be altered to a “salvage title” and this would mean that you are not capable of registering for plates pending the completion of the repairs and request for a new title. You may ask the claim adjuster about the salvage laws in California and make a decision if it will be practical to hold on to your vehicle and repair it.

Regarding your check, majority of auto insurance providers would issue you a check within a few days of confirming the actual cash value. In case you are leasing your vehicle, the reimbursement will go straight to the leasing company. In case you are financing the vehicle, the compensation will go to the finance company or the bank and you obtain the rest. In case you own the vehicle, you would receive the full check for sure.

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Reader’s Question:

I’m worried about my auto insurance after my DUI conviction here in Alameda, California. What do I need to know about my auto insurance or what do I have to do now after my DUI conviction?

Adrian

Alameda, CA

You may be like most individuals who simply could not afford not to be driving even after a drunk driving or DUI conviction. Most of us need to maintain their transportation options for us to make a living. We all commit mistakes but the law makes sure that you would certainly pay for the privilege to get back out on the highways. Although there are a lot of auto insurance providers that would offer you coverage after your DUI conviction in Alameda, California, it would be important to do your research.

You would be ordered to get an SR22 proof of insurance for you to reinstate your driver’s license. The auto insurance provider you choose would file an SR22 form on your behalf to release the suspension order placed by the Department of Motor Vehicles (DMV) on your license. The auto insurance provider could tell you the steps that need to be taken to make sure that you’ll have the SR22 promptly. You can check what is on your driving record because the auto insurance provider would confirm the information you would give them so make sure that it is accurate.

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Reader’s Question:

We are so worried about our father because he was just arrested for DUI here in Corona, California. We just bailed him out and now we are figuring out what to do next. What could be the possible defenses in a DUI case?

Nelson

Corona, CA

Possible defenses in a DUI case are almost limitless due to the complexities of the offense. Your father could use a lot of defenses on his DUI case in Corona, California. But there are most common defenses in a DUI case.

First of all, the prosecution should prove that your father was driving at the time the offense was committed. If there was no witness to his driving, the prosecution should prove this essential fact using both direct and circumstantial evidence. The police officer should also have a probable cause to stop, detain and/or arrest your father because if not, evidence against him will be suppressed. When your father was already under arrest, he should have been warned about his Miranda Rights because if not, incriminating statements could be suppressed if warnings were not given during a custodial interrogation. The implied consent warnings should have also been given to your father. He should have been advised about the consequences of refusing to take a blood or breath test because if not, he could use that a defense.

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Reader Question

Living a life here at San Francisco, California comes with a price. Engaging with the top executives of companies and establishments led to a much needed socializing that involves alcoholic beverages, which of course I can’t say no to it. This has taken its toll, and has led to my first DUI conviction.

A lot is at stake here, my career, my family and eventually my social status. It can ruin the life that I had before such conviction. I had heard of expunging a DUI conviction and somebody told me that it can solve my problem and that I can regain the life that I had before. Is there such thing as expungement?

Edward, San Francisco CA

Edward,

You got same questions from most of first offenders of DUI or even those who are convicted of DUI more than once. In the state of California, like other states in the US do allow you to expunge record of DUI conviction.

What expungement does, it seals your DUI conviction. All you need to do is to file a petition in court asking to expunge your DUI conviction record. The court will replace your plea into not guilty and then eventually dismisses your case. The effect of which is that when you are going to apply for another job that you want, there is no need to disclose any information pertaining to your DUI conviction.

To make it easier for you, try to contact an expungement lawyer who will do the hassle of filing a petition in court to expunge your DUI conviction.

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Even though having a California DUI attorney is very helpful and the most certain way for you to see a good (or not so bad) outcome for your DUI case, there are some cases which, while still recommendable, you may be able to squeeze into a good solution on your own with a lot of hard work. However, if your problem is price, remember that there are many experienced DUI lawyers which have low rates or who will work with you on a payment plan.

If you meet one of the following criteria, you probably need a California DUI attorney.

  • This is your second case for driving under the influence of alcohol or drugs. Because you’ve already gotten in trouble for this before, you are less likely to be given any slack and will have to fight very hard.
  • You were exceptionally intoxicated at the time of your test. If your blood alcohol limit was twice the limit which is legal to drive in the state of California, then your consequences are heavier.
  • While you were driving drunk, there was a minor in the car with you.
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