CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Restitution Hearings

Understanding Restitution for DUI Cases in California

Driving Under Influence (DUI) of alcohol or drugs in California can attract charges that could land you in jail or have you pay hefty fines. Restitution is another legal component that DUI defendants in California may have to face in court. This article explains what restitution is, and how it works in DUI cases in California.

## What is Restitution in a DUI Case?

Restitution is an order by the court that requires the defendant to pay for damages caused to someone else’s property, or injuries suffered by another person, resulting from a DUI offense. The victim in such cases is entitled to a compensation paid by the defendant, as a condition of probation.

## How is Restitution Determined?

The prosecutor in a DUI case is responsible for contacting the victim to determine the amount of restitution to be paid. The amount indicates the expenses and losses sustained by the victim. If the defendant challenges the amount stated, this leads to a restitution hearing, where the judge evaluates the evidence presented by both parties to determine the appropriate compensation to the victim.

## What Happens to Insurance in California DUI Cases?

Car insurance is mandatory in California, and if a DUI case is covered by insurance, the victim’s damages can be entirely compensated by the insurer. However, if the insurance policy limits do not cover the full cost of injuries or property damage, the defendant is required to pay the balance as restitution.

## When Must Restitution Be Paid?

The court requires that defendants pay restitution as part of their probation condition. Failure to adhere to this requirement could lead to a violation of probation, which can have harsh consequences. Restitution must be paid within the first few months after sentencing, giving victims sufficient time to gather evidence supporting their claims.

## Can Restitution Be Challenged?

DUI defendants have the right to a restitution hearing, where they can challenge the amount of compensation awarded to the victim. At the hearing, evidence is presented, and the judge determines the appropriate compensation, which could be more or less than the original amount set.

## Are Attorneys’ Fees Part of Restitution?

Victims’ attorneys may receive a percentage of the restitution awarded as part of the victim’s compensation. This portion covers the attorney’s fees for the legal services they rendered to their clients.

In conclusion, California DUI defendants may be required to pay restitution to victims of property damage or injury caused by their DUI offense. If you are facing DUI charges in Los Angeles or other parts of California, it is essential to seek the advice of an experienced attorney to represent you in court. Todd Spodek offers expert representation for DUI cases in California, giving you the chance for a favorable outcome. Contact us today for more information.

## Restitution for DUI Cases in California: Key Takeaways

– Restitution is a court order that requires DUI defendants to compensate victims for injuries or property damage caused.
– The prosecutor in the case determines the amount of restitution, which can be contested and set at a hearing.
– Car insurance may cover certain restitution claims, but if limits are exceeded, defendants must pay the balance.
– Restitution is part of DUI probation and must be paid promptly.
– Victims’ attorneys may collect a portion of the restitution awarded to their clients as part of their service fees.