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Necessary Factors That A Person Needs To Consider When Charged With DUI

Whenever the police get their hands on a person that is breaking the laws of the road, they need to do textbook procedures and need to handle the situation in the way the book tells them to. In every state, including California, the DMV being the California DMV has passed a law that every person can question the police officer’s doing if they do in legally and in the court. When a person is being arrested, they need to make sure that the police do everything the way it is means to be and do not mess things up. A good citizen always checks the police, as well as themselves.

AutoInsuranceInCaliforniaCompaniesThe most cases where the police arrests people is when they commit a DUI offense. DUI offenders should also take care of the fast that they check the police officer’s each and every move and they make sure that the police officer does everything the way they are to be done. If the police officer fails to do textbook procedures, the person being arrested can plead in the court. Here are four things that a person should check for when they are charged and arrested for a DUI offense.

1.            Whether or not your rights are being breached – Every single person in the state of California has constitutional rights. These rights are in effect all of the time, even when the person is being arrested. A person must check that when they are being arrested, their constitutional rights are not breached.

2.            Whether the officer followed textbook procedures – A person must always check the officer and they should check whether the officer is following the book. This means that everything the officer does must be according to the book and it must be performed the way it is meant to be as ordered by the California DMV. That is because if the police officer fails to do textbook procedures and do everything the way it was meant to be, that can become a loophole and the person that is arrested can plead against it in court where it is legal.

3.            Whether the police officer exclaimed your rights when arresting – It is the duty of a police officer to inform you of your rights when they are performing the arrest. If the police officer in any case does not inform you of your right and performs the arrest without doing that, you can plead against their actions in the court. This will lead to a hearing in your favor and it is useful when trying to prevent DUI charges. A person must know and remember to check closely when the police enforcer is performing the arrest on the person.

4.            Whether the tests were properly conducted – Each person has the right of questioning the way the police office conducted blood alcohol level tests and the apparatus they used. That is because a person needs to make sure that their arrest was legal, original, and not a misconception due to unmaintained equipment.

 

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California’s Statutes Of Limitations on Auto Accident Claims

A vehicle accident is a very unfortunate experience for anyone to go through and will often leave the parties involved, especially the victim, with physical injury, emotional scars, and financial strain. Such kind of injuries may stay with the victim for a long time. It is good to understand that there is a two-year statute of limitation applicable should a lawsuit prove inevitable and necessary. Most auto insurance in California cases are settled away from the judge, but one should be able to know his or her options in case that option is no longer viable.

To understand the purpose of such a statue of limitation in relation to California car insurance laws, you should understand what it entails. A statue of limitation is a particular window of time stipulated in the insurance law of the particular state, in this case California, within which you can make a claim or initiate lawsuit proceedings. In a civil case this is the time it takes for the complainant or plaintiff to file the lawsuit while in a criminal case, it the time the prosecution, usually the state, takes to charge the defendant with the offence. In California, failure to do so within the specified period bars the prosecution or plaintiff from ever doing so in the future.

The different states have the prerogative to determine their own respective statutes of limitation. This applies to criminal and civil settings. In California in particular, an auto accident claim or an auto accident lawsuit falls under the scope of personal injury torts. This means that if someone is injured in an accident in California either due to another party’s negligence or due to a wrongful act on their part, the complainant has a minimum period of up to 2 years to file a civil claim or criminal proceedings.

The California car insurance procedure in case someone has suffered injury resulting from a vehicle accident is clear. He or she will have the option to negotiate an out of courtroom in place of taking the matter before a judge. These negotiations will involve the complainant and the defendant and will include the California insurance in California representing the policyholder. These proceedings may also include a mediator or a third party to help resolve the dispute. However, all these efforts may fail and he or she may resolve to take it to court and file a lawsuit. Here the law is clear that he or she must file the lawsuit within two years in the state of California and although it may take a while to get the claim, it would be futile if the California statute of limitations concerning car accidents had not been adhered to.

Victims of car accidents in California should have such valuable information and procedure at their fingertips. A competent car insurance company in California should equip their client with such information. To find key auto insurance in California, enter your zip at the slot above the page and get comparing.