I almost got caught drunk driving last week here in California and when I told my friends about it, one of them told me to add SR22 in my car insurance. There are many hat I can’t understand just like what is SR22? Why do I have to include it in my car insurance and how does it work?
Cole
San Diego, CA
Many people have been wondering why someone who usually goes home under the influence of alcohol or drunk should need a SR22. SR22 is a document given out by your Insurance Company in which you are assured that the California Department of Motor Vehicles has given you the required minimum liability coverage.
If a driver has gotten his/her license suspended, the driver is required to get a SR22 Filing to restore the drivers’ license. Drunk driving is not the only reason for your license to be suspended but also unpaid traffic tickets and parking violations. In order for a driver to get an SR22, they should get the minimum liability coverage to all of their cars. You have three years for SR22 Filing but this depends on how harsh your situation is. With regards to your driver’s license, you have to call Department of Motor Vehicle to know when it is going to be restored and how much would it cost you. The Car Insurance Company will be able to get you how much would your SR22 and your car insurance upon receiving the report on your driving record. And after calculating and agreeing how much you will have to pay for your SR22 Filing.
I’m not decided yet but I have plans on switching to another car insurance company. If I let my car insurance policy here California expire, will it automatically be canceled?
Lamont
San Diego, CA
If you just let your car insurance policy in California expire, that doesn’t mean that it will automatically be cancelled. Instead, your car insurance company will still send you a bill for the next policy term and if you don’t pay it, they will be the ones to cancel your policy. If this happens, you’re gonna have to pay more on your insurance if you switch companies because you have a cancellation on your record. Other car insurance companies will think that you are irresponsible, thus would put you in the higher risk category. In that case, they won’t take into account that much whether you have a good driving record or not. All they would see is that you have a cancellation on your insurance history.
To keep that away from happening, you need to formally cancel your car insurance policy. To do this, you may talk to your insurance agent or call your insurance company directly informing them about your intention to cancel and the date of cancellation. What they’ll do is send you a cancellation request form which is most likely already filled out and all it needs is your signature. But before signing, you have to read what’s on it very carefully and tell the insurance company if you have any objections. Even before you cancel your old policy, you’re always free to shop around the best car insurance by getting some free comparison auto insurance quotes.
As much as possible, I want to have cheaper car insurance because I think I am overpaying for my premiums. Is there a way that I can reduce the premiums that I pay for my car insurance here in California?
Nico
San Diego, CA
There is definitely a way that you can have cheaper car insurance in California; all you have to do is to know and understand the right questions to ask and to follow some steps. The first thing that you could do if you have two or more cars is to insure them with one insurance provider so that you may have multi-car discount. You may also inquire about multi-line discount if you could have your life and home insurance under the same provider. Also, if you have older car, you can think about cancelling your collision and comprehensive coverage.
Installation of security devices such as anti-theft, as well as airbags and anti-lock brakes can have discounts on your premium rates. You may also increase your deductible or at least choose the highest possible deductible you could afford. Also, if you have younger drivers in the household, be sure that they take driving courses and have them use less valuable car. You can also get ‘good student discount’ if your young driver has an average of ‘B’ or above in school.
I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?
Elbert
San Diego, CA
During your brother’s DUI arrest in California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).
Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.
What are the criminal penalties for a DWI charge in San Diego, California? How do the administrative proceedings take place? If convicted, what are the possible penalties?
Sandy
San Diego, CA
You will receive a pink slip from the arresting officer upon your arrest for driving while intoxicated. You’ll have ten calendar days from receiving the pink slip to call the DMV and ask for a hearing. If you’ve already hired a DWI attorney, he can also contact the DMV and make arrangements for a hearing. Please note that the time period for requesting a hearing is very strict. If you fail to call within ten calendar days, you will be denied a hearing and your suspension will start once your 30-day temporary license has expired. Your San Diego DWI attorney can also request for the DMV to grant you a stay since your hearing may not come up before the 30-day period ends. A stay means that the validity of your temporary license is extended beyond the original 30-day period.
If you have had more than one conviction, the penalties for DWI in California can be harsh. The penalties can include jail time, fines, court costs, probation, and other penalties designed to prevent offenders from committing the same crime in the future. With every additional conviction, the level of these penalties increases. A fourth offense committed becomes a felony and the mandatory minimums for jail time increase and the other penalties for DWI increase as well with felony charges. Considering how serious this crime is that can impact your life in a negative way, having a San Diego DWI attorney to represent you during your trial and any subsequent proceedings is very important.
I have been living here in San Diego, California almost all my life. We cannot avoid sometimes that after partying the whole night, we need to drive ourselves home with a little alcohol in our system. I know some people who have already been charged with DUI, most of them don’t get away with the tough penalties. But just in case, how can I be arrested for DUI?
Alice
San Diego, CA
Living in San Diego, California could mean a busy life. But sometimes, you can get away with it by having a party with some drinks. If you really can’t avoid drinking and driving on those occasions, it would be unfortunate if you get caught and charged with DUI.
A person is charged with DUI if he/she exceeds the legal limit of .08% blood alcohol content (BAC). Usually, the BAC of the person accused of DUI is used to determine guilt. In California, an arrest for DUI can be made at any blood alcohol level. Some counties routinely prosecute people with BAC levels below .08%. More often, the decision of the patrol officer to arrest drivers depends upon the performance on the field sobriety tests (FST) and the driving pattern (speeding, weaving, an accident, etc). A police officer could arrest for simply being under the influence of alcohol or drugs with no reference to the driver’s BAC level at all. The District Attorney would then file a 23152(a) CVC charge, which is simply DUI. Again, this will likely be based on the police officer’s observations of your driving pattern and performance on FST.
I’m in urgent need of an experienced drunk driving attorney because I was charged with DUI here in San Diego, California. How do I find one and what qualities should I be looking for?
Leonard
San Diego, CA
The best way to measure a qualified DUI lawyer is through their reputation. There are many ways you can find locally known lawyer in California who can represent you. The best means is found simply through asking lawyers in the district who they feel is the most qualified in DUI defense. You can also visit the courthouse in your area to ask bailiffs, clerks, and public defenders as to which DUI lawyer they would recommend.
The highest acknowledgment for a DUI lawyer is Board-certification because it shows a great amount of ability and experience. Another good mark of expertise is membership with the National College for DUI Defense. Even more suitable is the completion of the College’s rigorous 3 day seminar that takes place annually at Harvard Law School.
The qualities that you should be looking for in a San Diego California DUI lawyer are well-stated financial commitment, large amount of DUI cases and a strong background and a reputation of going to trial for strong defenses.
I was arrested and charged with DUI last week. I have already consulted with a California DUI lawyer but I would still need to get some clarifications. The arresting officer used a device called ‘HawkEye’ to record my eyes. Can they use this in court?
Robin
San Diego, CA
HawkEye is equipped with a wireless microphone which uses infrared lights to transfer the images of the eyes to a laptop computer. In the state of California, the Highway Patrol has been using Hawkeye for three years to train cadets in West Sacramento but it is not used in the field there. They use it only to show to cadets what to look for when evaluating the appearance and movements of a DUI suspect’s eyes.
All suspects have pleaded guilty to DUI when the device has been used in field trials so the HawkEye technology has never been used in court. Prosecutors are cautiously optimistic about the new technology but realize that it will take time before it is deemed reliable and accurate evidence.
Blood tests and breath tests are already admissible in court so California DUI defense lawyers say the HawkEye evidence are simply “pictures” and will add nothing to a case against a person charged with DUI. Moreover, a DUI lawyer said that there is an open door for arguments about how the officer conducted the test and if it was done properly since HawkEye only records the suspect’s eyes and not the officer’s actions.
My cousin is in trial now because of a DUI charge in San Diego, California. He has been charged with this before and he mentioned something like a sentence enhancement which he said he was afraid of. He was not able to explain clearly what it is. Could you tell me what does it mean when there is a sentence enhancement?
Mark
San Diego, CA
The laws in the state of California require increased consequences when certain evidence exists. A list of more common cases, which must be alleged in the complaint, is found below.The highest occurrence is a prior conviction for a DUI within 10 years.
If there was any personal injury caused by the driver, the crime will be elevated to a felony. If a death occurs, the offenses could possibly be murder or manslaughter, when special circumstances exist.
The more common cases are as follows:
The motorist was driving above 20 or 30 miles above the speed limit
A child was present in the car or vehicle.
There was a personal injury or property damage.
The driver refused any chemical testing.
The driver’s BAC (blood-alcohol concentration) was over .20%
The driver is under 21 years old. (Zero tolerance laws in the state of
California usually charge the suspect with a much longer license suspension and require a lower BAC.)
I hope I was able to make clear to you what sentence enhancement is.
I got convicted for DUI in New Jersey in February 2005. I now live in San Diego, CA. How long will that DUI remain on my driving record and affect my insurance rates here in California?
Tori
San Diego, CA
With respect to your permanent NJ DMV driving record, your DUI conviction will remain permanent. You should check with the CA Department of Motor Vehicles to find out if they have placed this DUI or any other offenses that were previously on your NJ record on your new California driver’s history.
California has a new law effective January 1, 2007 which extends the reporting period for DUI offenses from 7 to 10 years for all public requestors, including insurance companies. Under this new law, you may not qualify for a good driver discount again until 10 years from you DUI violation.
A DUI may have been considered by an insurance company for premium surcharges for a period of seven years up until 2007. However, it can be considered in California for 10 years.
You may want to contact the California Department of Insurance, which is the insurance regulator for CA, since your DUI was out of state for you to be able to find out how long an insurance company in CA can rate you on your NJ DUI from 2005.
It is better to contact your insurance agent if you have any additional questions on your insurance premiums.
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