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If you are caught driving under the influence of intoxication, you can be convicted. When you are convicted of an offense related to driving under the influence of alcohol or drugs that involved to property damage collision or an injury to a person, you will be ordered by the court to pay restitution to the victim as a probation condition. The victim will be reached out by the prosecutor. In this case, a dollar amount will be provided reflecting the source of the money as the defendant due to the injuries suffered. The defendant can challenge the amount stated in restitution. In this case, it is also titled to a restitution hearing where the judge will listen to the evidence produced at both corners. In this case, the jury or judge will determine the amount owed to the defendant.
Drivers in California must always carry their automobile insurance to have them covered in case they are part of an accident that occurs. If the DUI case drives comply with the law completely, the victim’s damages can be covered completely by the insurer. In this case, the driver will not pay the victim from the pocket. In some cases, the DUI defendant will be required to pay the victim out of the pocket in restitution.
If the defendant had no automobile insurance or the stated damages exceed those stated in the insurance policy, the defendant must pay restitution as a requirement under the condition of probation in the court system. When calculating the appropriate restitution award, the judge will deduct the amount of payment received from the defendant’s insurer. In most cases, the victim may settle the restitution with the insurer of the defendant but still have remaining charges that can only be deducted in the awards. If the victim is not satisfied with the restitution, they will work to order a new restitution payment. The laws in California allow the victim to follow the amount of restitution expected for incurred expense and reasonable loss in full. This means that the victim can seek restitution directly from the defendant even if they stated a lower amount to the insurer to get paid right away. Also, not all insurance covers every loss experienced by the victim. For this reason, the defendants may be required to pay restitution to the victim from the pocket as it is stipulated in the law.
The defendant can also say that they are liable for the loss experienced by the victims during the initial court proceedings. However, they will not state a number of dollars. The judge will also make the defendant take a Harvey waiver. This allows you restitution for any counts dismissed.
For some few months after sentencing, the restitution hearing is always scheduled for effectiveness. This gives the victim enough chance to gather enough documentation to support their claims. Moreover, the insurance will have enough chance to get the money to cover the losses. If the defendant is not in agreement with the restitution amount sought, restitution hearing can be sought. The judge holds the hearing. In this case, no one knows what to do to make better business solutions.
If the victim has an attorney, they will collect the attorney fee as part of the reasonable victim’s award. Victims must provide the necessary documentation to prove injuries and avoid damaged losses.
If you are being charged with a DUI case in a Los Angeles court system, be sure to seek the legal advice of an experienced attorney in Los Angeles. The Los Angeles Law Firm has unduly experience in representing DUI client cases. Please contact us for more information about your case.