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Many cases concerning driving under the influence of drugs and alcohol always include the allegation that the driver was involved in a DUI criminal collusion that resulted in the damage of property and injuries. In such cases, the defendant must always pay restitution to the damage incurred or the victim of the accident. One of the most important parts of the sentence is the inclusion of the restitution. This is because the prosecutors and judges want to ensure that the victims of the accidents are always compensated for their losses resulting in DUI offense.
For most of the defendants, they always ask why they must pay the civil damages as required by the law. Before the statutes concerning restitutions were passed, the victims were sued for the damages caused in separate court systems. For the victims, the legislature realized that this was a heavy burden. Therefore, they recommended that they are allowed to collect their restitution amount. They also recommended that the restitution is paid before the criminal is taken behind bars. During the probation term for the defendant, they are required to pay the restitution in good time.
In most cases where the victim seeks damages, the judge will order a hearing for restitution. Before the hearing is achieved, the prosecutor will also consider contacting victims for any possible damages qualification. In the case where the automobile insurance company covered the defendant, the insurer will work to compensate the victim in a way that assimilates better business solution or settle the claim. For these cases, the restitution will be muted until a claim is made by the victim concerning the probation of the defendant in the court system.
In some cases, there can be many other victims who want to be compensated for the damage caused. The defendant many have had policy limits or auto insurance that did not compensate the victim fully. The defendant will stipulate to liability, at that time of sentencing, but not the money owed for restitution. The victims are required to present their demand for restitution. For this reason, the defendants will challenge their amounts. If the victim claims excess amount of money for medical charges, they will provide the necessary receipt or documentation. For the victim’s claims to be valid, they must be administered in a way that has no parallelism.
The defendant may still have to pay the excess amount of restitution owed to the victim even if the insurer has paid the money. This occurs when the victim is not compensated fully. For any amount paid, the court would still give out more money. If you had paid some money as restitution, the court would reduce your penalty.
Under the California Government Code, local authorities and cities must collect the restitution for an emergency response expense. In some cases, the local authorities may be asked to defend and demand that the defendant pays the costs associated with emergency response systems. This is an expense related to emergency response systems by the local authorities.
The condition is considered a term of probation if the defendant is ordered to pay restitution. You could result in possible jail term if you are in a probation violation. The probation term can also be extended if the defendant is unable to complete the payment.
If you are charged with DUI offenses concerning restitution payment, be sure to contact an experienced Los Angeles lawyer. The Los Angeles Law Firm has many years of legal experience in representing their DUI clients. Please contact us to schedule a free consultation session to speak with an experienced legal practitioner in Los Angeles, California.