Driving While Intoxicated (DWI) is a serious offense that carries significant legal and personal consequences. Understanding what DWI means, the laws surrounding it, and the potential repercussions can help you make informed decisions and stay safe on the road.
If you are convicted of driving under the influence, or DUI, in the state of California you will be given a sentence that will vary depending on your situation and your criminal history. A large portion of these DUI sentences will be suspended in favor of a period of probation that you will serve as you go about your daily life.
Your probation will be supervised by the local county probation department. When you are on probation, you will have to report in or check in on a regular basis with your probation officer. You must also comply with any other terms that may be imposed as conditions of your sentence, such as serving time in jail, paying fines and completing a DUI school or alcohol treatment program.
If you fail to comply with the terms of your DUI sentence, you can face serious penalties, including imprisonment for one year for each misdemeanor charge and up to three years for each felony charge. You may have to pay additional fines or serve more time in jail because of the violation. On top of that, if your probation is revoked because of a violation you will no longer benefit from the original suspended sentence and will instead face the full consequences of that sentence.
The bottom line is that it is simply not worth violating your DUI probation unless it involves some type of extreme circumstance. If you do violate your DUI probation there are certain avenues and defenses that can help minimize the damage but they involve complicated legal procedures so it is best to avoid getting into this situation if at all possible.
It is important to understand that probation comes with a list of conditions that must be followed by the person put on probation. Most DUI sentences require 36 months of probation as well as several other conditions. There are many potential violations which you can commit during your probation and many ways in which your probation can be revoked.
The terms of probation will be set by the judge at the time of sentencing. The length of your probation can be anywhere from one to five years.
The conditions of probation are set by the judge as well. There are six general categories that must be met in order for you to remain on probation:
It is expensive and stressful to deal with a legal case after being arrested or having your license suspended for a DUI. Obtaining a letter from your state's Department of Motor Vehicles directing you to collect your SR-22 document is even worse.
First-time offenders have a difficult time
getting to know the definition of the term SR-22 Insurance. Also knowing its
use is a challenge for all first-time offenders.
What is an SR-22?
It can also be called an SR-22 bond, SR-22
insurance, an SR-22 form, or a Certificate of Financial Responsibility.
It is proof that you have the minimum required liability auto vehicle insurance that is required in that state-Once you have provided this certificate, the authorities will notify the State's Department of Motor Vehicles that you have what is required and financially responsible to drive in that state.
Uses of A SR-22 insurance.
Despite being commonly associated with DWI
offenses or DUI offenses, there are other occasions when an SR-22 license will
be required. They include:
1-After being involved in a reckless driving
instance.
2-When caught driving a car without the right
insurance cover.
3-When your license has been revoked or
suspended.
4-When you have been involved in multiple
violations or at-fault accidents.
5-Repeated traffic offenses.
How To Get An SR-22 Certificate.
If you are in possession of an insurance
cover, you can consult your insurance service provider on the requirements
needed to add the SR-22 policy to your existing insurance cover.
Not every insurance company offers SR-22 insurance. This will help those that are new in the market when looking for an insurance company to join or seek insurance services such as SR-22.
The insurance company after adding your new cover will get in touch with your state to file the SR-22 form. To expedite the process, the insurance company can opt to file the form electronically instead of by mail.
How Much Does An SR-22 Cost?
In most states, the filing fee for SR-22
insurance costs around $15-$25 dollars. As long as the insurance policy hasn't
expired, the fee is paid only once and will only be renewed after the insurance
policy has expired-after three consecutive years.
Drivers that need the SR-22 insurance are
charged more than the other drivers since they are considered high-risk
targets. The filing fee is however much cheaper than the SR-22 fee.
Different rates are charged by different companies to individuals who go looking for an SR-22 license. To get the best rates, it is advisable to get a list of all insurance providers and compare their SR-22 rates. You will be able to pick a policy that is affordable and that best suits your needs.
How Long Does An SR-22 Insurance Last.
A driver is required to maintain an SR-22 file
for three consecutive years. Different states have different SR-22 requirements
but three years is the average time.
An insurance company is required to inform the DMV in case there is an interruption on the insurance cover. This subsequently means that you are no longer in compliance and hence not insured.
Failure To Maintain An SR-22 Insurance Cover.
Failure to make a payment or cancel your
insurance policy during the three years has some repercussions. Normally you
should hold onto your non
owner SR-22 car insurance for three years.
Some of the repercussions of canceling an
SR-22 Insurance cover includes:
1-The suspension of your vehicle registration.
2-The suspension of your license.
3-More money to pay for the extra fines.
4-Extra fees for registration and reinstating
your insurance policy cover.
5-Higher premiums when purchasing new
insurance covers.
When holding an SR-22 be sure to practice safe
driving measures and follow all driving guidelines provided by the State to
prevent you from paying fines, being arrested, or having your license suspended
or revoked.
Good driving behavior will help improve your
insurance premiums and also set you on a good driving record.
Ignoring the required terms will only cost you
more money and waste your valuable time.
For more details visit your state department office to get more information on the SR-22 regulations and get in touch with an insurance company.
Whether you’re trying to get out of a traffic ticket or a DUI, it might not be as easily achieved without the help of someone who knows the law from cover to cover. There could be serious ramifications and fines waiting for you on the other side.
Below we’re giving you five (5) reasons to
hire a traffic violation lawyer to represent you in court.
There are over 41 million Americans receiving traffic tickets each year.
Although some violations may be straightforward and less difficult to resolve, some cases — such as personal injury/accidents, for example — are serious and can potentially send you to the pen.
If you’re unsure whether you should get a traffic lawyer to handle your case, these five reasons might help end your confusion.
People often
underestimate traffic laws, but they are (in reality) very complex.
Furthermore, they change quite often. And while it’s possible to go through
books and research things to help with your current situation, there’s only so
much you can do without the help of a professional.
Traffic violation lawyers have a thorough understanding of constitutional issues, federal laws, and state and local traffic laws. They have a strong grasp of the intricacies and specifics of traffic violations and can help you find a solid resolution to your case.
Some people might see hiring a traffic lawyer as an unnecessary cost, but it can actually save you a ton of money in the long run.
A lot of accidents happen because one driver wasn’t following road rules as they should.
According to a 2016 survey conducted by the Insurance Information Institute (III), an estimated 63% of accidents were the result of a traffic violation. Several of the most common traffic violations that result in accidents or personal injury are:
●
Failure to yield
●
Following too closely
●
Speeding
●
Cell phone use
●
Failing to obey signs and signals
● Driving under the influence (DUI)
Working with a licensed traffic lawyer can help you gather viable proof and determine fault after a traffic violation.
Learn more about personal accidents and traffic violations from Schmidt & Clark. Visit their homepage for details.
Most people who are issued traffic tickets are usually guilty. And while hiring a lawyer to represent you in court might help you lower your fines, it doesn’t always work out the way you want.
If there are strong shreds of evidence against you, then there really isn’t much your lawyer can do for you. BUT, depending on your driving record, a good lawyer can negotiate with the court and (hopefully) get alternative discipline for you.
It might not be the ideal resolution for any driver, it’s better than paying hefty fines, increasing auto insurance premiums — or worse — losing your license!
This is possibly the
most important reason to hire an experienced traffic violation lawyer. Cases
handled by a professional have a higher chance of success in court.
Whether it’s giving you the confidence to contest the ticket, reduce your fines, make the whole case more convenient for you, or any other reasons we’ve mentioned in the article above, working with a traffic ticket lawyer is your best option.
Working with a trained and seasoned traffic lawyer can save you from getting confused by the many technicalities of traffic laws. It can also save you a ton of money in terms of insurance premiums and ticket fines.
A good traffic lawyer can also help you prove your innocence in any traffic accidents. Furthermore, it can help you get alternative discipline and avoid hefty traffic fines.
Some things are just not meant to be handled DIY-style. If you have the chance to work with a professional traffic lawyer to help your case go smoothly as possible, take it. They will give you the best possible outcome in a bad situation.
Most drivers have been caught speeding, and probably a good chunk of those individuals were lucky enough to only get a speeding warning ticket. Other tickets that people get while driving are for forgetting to use their turn signal or for breaking other rules of the road.
The violations may vary, but you can end up facing a variety of costly penalties, especially with your car insurance provider. Those who have received driving tickets may have noticed an increase in their insurance policy rate without completely understanding why they were charged that rate.
Well, an increase in car insurance rates is because those who have recent tickets or car accidents on their driving record are considered high-risk drivers. Insurance providers charge these types of drivers more as a way to protect themselves financially if the driver ends up in an accident.
However, knowing which tickets have the biggest effect on your car insurance can help you make wiser decisions on the road in order to prevent a policy rate increase.
A traffic violation can raise car insurance rates by as much as 82 percent per year. Almost every type of violation can negatively affect your insurance policy, even if the ticket was not given specifically for dangerous behavior behind the wheel.
You can get a ticket for driving too slow and receive the same rate increase as much as someone who was speeding. Many believe that driving dangerously is the only cause for a rate spike, but that is not always the case.
Take a look at some of the lowest and highest costing violations that you can receive while driving on the road and how much that violation can cause your insurance rate to increase per year:
|
The Violation |
How Much Insurance Rate Can Increase Per Year |
|
|
Driving without lights |
2.4% ($51) |
|
|
Not wearing a seat belt |
4.0% ($59) |
|
|
The Cheapest Violations |
Not-at-fault accident |
6.7% ($98) |
|
Failure to show documents |
8.7% ($128) |
|
|
Driving with expired registration |
10.9% ($161) |
|
|
Hit and run |
82.2% ($1,209) |
|
|
Refusal of breathalyzer/chemical test |
74.1% ($1,089) |
|
|
The Costliest Violations |
Driving Under the Influence (DUI) |
73.9% ($1,086) |
|
Racing |
73.7% ($1,084) |
|
|
Reckless driving |
70.4% ($1,034) |
Though these are not all the violations that you can be ticketed for on the road, you can see that even the lowest costing offense can have a costly effect on your car insurance. Even if you are not at fault for the accident, your insurance rate can increase by at least 6 percent, and filing a claim for damage raises your premium as well.
The size of the claim, who was at fault, and the terms of the insurance policy plays a role in how much the rate will increase per year. A single medical or personal injury claim or a single comprehensive claim can raise your rate anywhere between 0.5 and 5 percent.
Two medical or personal injury claims or two comprehensive claims can raise your rate anywhere between 6 and 11 percent.
For those who are unaware, a comprehensive policy claim covers damage to a car that is not caused by an accident such as vandalism, weather damage, or theft. A personal injury or medical claim pays for treatment and recovery costs for those who were injured because of a car accident.
Insurance providers make money by taking on clients who are less likely to get into an accident. Doing this means they will not have to pay out large chunks of money to cover any damages filed by a claim. If you take too many risks while driving on the road, your provider may opt to not renew your policy altogether.
The exact percentage that your rate can spike various by the provider, but here is a list of factors that are commonly considered when determining the rate increase after a moving violation:
● Amount of time since your last moving violation
● Your prior driving record
● Whether the ticket was the first offense
● How many miles per hour you were going over the speed limit
● The location where the violation occurred
If you have received a ticket that caused your premium to spike, there are ways to help lower the cost of your auto insurance policy.
For starters, you can try fighting the ticket if you feel you did not legally deserve to be ticketed. Situations like this will often require a lawyer and solid proof. An example of this may be receiving a red-light camera ticket even though you were not the driver of the car.
Changing your policy coverage could also lower your premium, but this depends on your personal needs. If you are a driver that absolutely needs the amount of coverage you currently have, then it can be risky to lose that.
Speaking with an insurance representative about such a decision would be wise before making the next steps.
Last, taking a safety driving course can give you a discount that knocks your rate back down. In some states and with some insurance providers, taking a defensive driving or accident prevention course can grant you a hefty discount.
Though the likelihood of receiving an insurance rate increase is high after getting a ticket, especially a speeding ticket, your insurance provider may not do so if you have not had a violation in the last three years and if you’re over the age of 25.
The best way to avoid getting a speeding ticket and risk a premium spike is by driving safely and legally at all times. You should also avoid using your phone while driving because cameras may enforce texting while driving laws without you realizing it, and that will definitely increase your insurance rates.
As a general tip, taking a driving course every couple of years is also a great way to remain a skilled driver.
Imani Francies writes and researches for the car insurance comparison site, CarInsurance101.com. She earned a bachelor of arts in film and media and specializes in various forms of media marketing.
If you are a long time driver, then you may have been pulled over by the police, either for driving too fast or driving in the wrong lane. For many people, seeing the red and blue lights in their rearview mirror can be quite overwhelming. However, if you have not done anything wrong, then you have nothing to fear. If you are ever falsely accused of drunk driving, then you should make every attempt to find the best DUI lawyer in Phoenix as back up. Here are a few things that you need to do when pulled over for a DUI in Arizona.
Never Run
The first rule of any interaction with the police is to never run away whether you are guilty or not guilty. You should always stop and acknowledge the authority of law enforcement. Running away will only make things worse for you. If you do run, then a small charge could turn into something bigger, and you could also be detained.
Record the Interaction
When you are pulled over, you have the right to ask the police officer to record the interaction. If allowed, place your phone on the dashboard or in your front shirt pocket. This will ensure that you are not forced to do anything illegal or incriminate yourself unfairly. You should make every effort as a citizen to learn about the rights provided to you by the federal government and the state in which you reside.
Be Polite
Being asked to pull over by a police officer does not mean that you are being accused of drunk driving. You should make every effort to cooperate with law enforcement in this situation. You are legally required to present your identity and insurance details to the officer. Many people are asked to get out of their vehicles because they decide not to listen or respond to the requests and questions of the officer. You can politely refuse a breath test or sobriety test. However, if he or she continues to ask for it, then you should ask for legal counsel. Resisting will only get you into more trouble.
Get Your Lawyer Involved
If you are being arrested for a DUI and are asked to take part in unnecessary procedures, then this is the right time to get in touch with your lawyer. You can politely tell the officer that you will only talk in the presence of a lawyer.
If you are being asked to take a physical examination or test, then politely refuse the request and demand to speak to a lawyer. Your lawyer will look out for your rights. If you are arrested, do not answer any questions until he or she arrives, since you do have the right to remain silent.
Always remember that there is a chance that you are not being stopped for any offense. The officers could be trying to help or guide you or want to ask you some routine questions. It is important for you not to panic during these situations. If you are drunk, the police officer will know even if you do not speak a single word. As a responsible citizen, it is important to make every attempt to answer their questions.
