Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.
The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the probation report contained. I have been left disabled & l stuck in a wheelchair from this criminal persons actions. This occurred 5/23 in CA. Do I have any recourse?
A: So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that restitution was not ordered to be paid to you, so this topic needs to be looked at closely. You also should be looking at the crime victim compensation fund. A personal injury lawsuit may also result in a significant judgement. Time is your enemy, as you can easily lose rights by waiting to take action. Start calling attorneys right away. Almost all personal injury attorneys offer case evaluations at no charge.
A: You have no recourse over the sentencing. You have personal injury claims against him. If he has liability insurance or you have uninsured motorist coverage, you can recover monetary damages. If you have underinsured motorist coverage, you might be entitled to additional recovery. Talk to a knowledgeable personal injury attorney to discuss your potential claims.
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If you were injured by a drunk driver in California who subsequently pleaded guilty to felony DUI with injury and was sentenced to probation, but you believe that your victim rights were violated and the sentencing was incorrect due to inconsistencies in the probation report, you may have recourse.
Victims of DUI accidents often have the right to pursue a civil personal injury lawsuit against the at-fault driver to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
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