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My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?
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answered on Feb 21, 2024
Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider... View More 
My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?
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answered on Feb 26, 2024
In California, the restitution amount likely cannot be lowered. However, there might be hope in your case. First, the $24,000 amount is probably the contingency fee amount (usually 1/3 of the victim's total settlement amount) paid to the personal injury attorney for representing the victim in... View More
I was in a car crash and suffered a concussion. I was arrested for possible dui but was never charged or convicted
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answered on Feb 3, 2024
Under California law, DUI cost recovery fees are typically assessed to cover the expenses incurred by law enforcement and emergency services in response to DUI incidents. However, if you were arrested for a possible DUI but were never formally charged or convicted, the situation may differ.... View More
I was charged with 2 counts
1) V.C. 23152 (f) DUI Drugs
2) V.C. 11550(a) under the influence of a controlled substance
Despite no actual evidence found at the time of arrest, i was arrested and charged based on suspicion and officer opinion. Later Blood Test Showed Meth... View More
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answered on Jan 17, 2024
In California, DUI charges under Vehicle Code 23152(f) can indeed be complex, especially when there's a discrepancy in verdicts between related charges. Your situation, where you were found guilty of DUI Drugs but not guilty of being under the influence of a controlled substance, does raise... View More
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... View More
answered on Jan 13, 2024
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... View More
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... View More
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answered on Jan 22, 2024
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.... View More
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... View More
answered on Jan 13, 2024
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... View More
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answered on Jan 13, 2024
In California, the sentencing for a felony DUI with injury under Vehicle Code 23153 can vary based on several factors. This includes the severity of injuries caused, prior DUI offenses, and other specific circumstances of the case.
For a first-time offense, the potential sentence ranges... View More
My first DUI. Informal probation and meant to attend dui classes for 9 months. I didn't realize on my form it said to call within three business days to start attending dui classes. I am a couple weeks out from the date stated on my documents for when I should be assigned. I called today and... View More
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answered on Jan 8, 2024
In your situation, where you're required to sign up for DUI classes by a certain date but have an appointment slightly later, it's understandable to be concerned about potential consequences. It's good that you have taken the initiative to set up the appointment.
Since your... View More
They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.
I ultimately passed the blood test, now they are charging me for a controlled substance.
If I was being arrested... View More
answered on Jan 7, 2024
In this scenario, it will come down to whether or not the police actually had a valid basis to arrest you for the DUI in the first place. If the police had probable cause to believe you were under the influence of alcohol and/or drugs, then the arrest would be proper and the cocaine that was later... View More
They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.
I ultimately passed the blood test, now they are charging me for a controlled substance.
If I was being arrested... View More
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answered on Jan 7, 2024
Under California law, the fact that you were initially stopped for a traffic violation and subsequently found not to be under the influence does not prevent law enforcement from charging you with possession of a controlled substance if it was found during the lawful execution of their duties. The... View More
I got a DUI in California and I’m required to do a 9mo DUI program.
I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.
On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More
answered on Jan 2, 2024
Congratulations on prevailing at the DMV Administrative Per Se Hearing. That makes your pathway a little easier. A lot of folks do not realize that when you get a DUI, you have two battles you are facing, and potentially two DMV suspensions: one from the criminal side, and the other is the DMV... View More
I got a DUI in California and I’m required to do a 9mo DUI program.
I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.
On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More
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answered on Jan 2, 2024
In California, the DMV and the criminal court systems operate independently in DUI cases. Winning an appeal at the DMV and having your case set aside there primarily affects your driving privileges, not the requirements set by the criminal court.
Since the court ordered you to complete a... View More
I have only had my arraignment but my BAC was 0.12 and I have already taken AA classes. Can my attorney be able to reduce my charges from a DUI to wet reckless?
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answered on Dec 23, 2023
In California, a "wet reckless" charge is a common plea bargain in DUI cases, particularly for first-time offenders or where the evidence may not strongly support a DUI conviction. This charge is formally known as a reckless driving involving alcohol charge.
Your Blood Alcohol... View More
decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More
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answered on Dec 21, 2023
The good news is that you have a moderate alleged BAC. A criminal conviction, depending on whether it's a DUI conviction, or something lesser, can affect your employment, your driver's license status and many other things. Find the best attorney you can right now to help you and protect... View More
decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More
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answered on Dec 21, 2023
Under California law, facing a DUI charge as a first offense with a BAC of 0.12 can have significant legal and personal consequences. Your academic and future professional life could be impacted, especially if your career requires a clean criminal record or involves driving.
During your... View More
decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More
answered on Dec 21, 2023
A DUI conviction remains on your record for 10 years, causes greatly increased Insurance Rates, and may affect you in future employment opportunities.
Best course of action is to hire an experienced DUI Defense Attorney, you can afford, to aggressively defend you in an attempt to Dismiss... View More
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answered on Dec 19, 2023
Financially, if the vehicle is in your name, you're responsible for repairs or replacement after a DUI-related accident. Reporting it to insurance may cover the damage, but your premium might increase. Your wife could face fines and license suspension, impacting joint finances. Legally,... View More
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answered on Dec 19, 2023
In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages... View More
answered on Dec 19, 2023
Whether she reports the damage to the insurance company isn't really up to you. She was driving with permission, as such she is an insured under the policy. The premiums for that policy presumably come from community property funds. The payments for the car presumably come from community... View More
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