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Additional Consequences May Occur
If you have been recently charged with a DUI in the Los Angeles area involving property damages, you may face additional consequences such as fines or jail time from your DUI charge.
Courts will thoroughly examine evidence of what may have led up to the DUI arrest and if property damages or injuries occurred as a result of your driving while under the influence.
If it’s evident that property damages or personal injury occurred, you may be facing additional charges.
What is Property Damage?
Property damage can occur during a collision or accident, leading to more expenses for the other party involved. Typical examples are listed below;
A driver, while under the influence, collided with another vehicle while driving home from a night out. The driver may have been arrested and taken away to be examined for medical issues, as well as the other party. The collision likely caused damage to the other person’s vehicle, and the at-fault driver will be required to compensate the other driver for their expenses.
An alleged drunk driver leaves an establishment and drives out of the parking lot but hits the side of the building, a traffic sign, or a fence on their way out and is later arrested. The courts will ensure that the property is adequately repaired, and the driver will likely be responsible for the expenses incurred.
What is Restitution, and Will I Be Required to Pay It?
In addition to covering expenses, the alleged intoxicated driver may be required by the courts to pay the other party for restitution. Courts impose restitution payments to the victims of accidents involving drunk drivers to ensure they are compensated adequately for the issues they would’ve otherwise avoided had it not been for the alleged drunk driver.
Restitution statutes have been revised over time, as before they were in place, victims of drunk driving accidents would have to pursue the alleged offender personally following an accident. The courts recognized that this placed an unnecessary burden on victims already tasked with healing any possible injuries, repairing any property damage, and more.
As a solution, courts can impose restitution payments to the victim as part of the defendant’s probationary terms. They may face additional penalties if they don’t comply with the restitution payments required.
It’s important to note that a restitution hearing is typically required, and the victim or victims can contest the amount of restitution being ordered through the courts. If they can supply sufficient evidence that their injuries or property damage were severe, the courts may increase the restitution payments required to the victim.
What is an Enhancement?
If a driver is charged with a DUI but also caused property damage as a result of driving while under the influence, this is considered an enhancement in the courts.
For example, as mentioned above, with the driver who hit the side of the building or a fence on their way out of an establishment, the courts in this case would consider the act of property damage an enhancement to their DUI charge.
An enhancement may result in punishments such as requiring the accused to attend an alcohol class or longer classes than were already required through the DUI charge. Probation may result from an enhancement or a longer probation sentence than the original requirement.
Additional fines may also be imposed, requiring the accused to pay due to the property damage they were found guilty of.
What if Someone Was Injured as a Result of a DUI Charge?
If property damage occurs, additional charges or restitution may be imposed on the accused. If someone is injured as a result of the DUI, the charges may result in felony-level DUI charges, depending on the significance of the injury.
If the injuries sustained were severe, the accused is likely facing felony charges, which can result in prison time and substantial fines in addition to restitution.
If the injury is considered a great bodily injury, you may face substantial time in prison and generally have fewer options to reduce your sentence.
What Makes a DUI Defense Lawyer Invaluable?
If you are facing a DUI charge, you are likely frustrated, scared, and unsure of what’s to come. If property damage or injuries occurred as a result of your DUI, you may be facing severe consequences.
Your DUI defense attorney can help you understand the charges you are facing and the potential consequences.
They can review the facts of the case, any video surveillance of the traffic stop, relevant reports regarding your arrest, and more. They will meticulously review every aspect to ensure that the officer had the right to pull you over to arrest you and that they did so following the laws.
Your attorney can work with you to determine possible defense options and which is most viable based on the circumstances. Using their vast knowledge of DUI laws in Los Angeles, they can formulate a strong strategy against the prosecution, helping to minimize the charges against you or dismiss them altogether if possible.
Negotiations are another crucial aspect that DUI attorneys handle for their clients. Prosecutors may be open to negotiations based on the evidence against you, which can mean that you can agree on your consequences outside of court and move forward.
Experience You Can Rely On
As a former prosecutor, our team has a unique skill set that sets us far apart from our competitors. We have been on the other side. We know what the prosecution will try to use against you and how to intercept it effectively.
With years of experience, we are a competent team that aggressively protects our clients with proven success.
Contact our office at 866-927-3295 for your free consultation and to learn more.
