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May 26, 2017 | admin DUI Collisions and Probation
In the event that a driver causes an accident while driving under the influence, the district attorney and other court officials could attach more terms with the period of probation that is given. There are a few things that are taken into consideration, such as the severity of the accident and if there are any prior convictions. Some of the additional terms might include higher fines that need to be paid and a longer length of time being on probation. The defendant could also be ordered to pay for medical treatments and other types of compensation for the victim in the accident.
When a defendant is convicted of a DUI that involves an accident, the person is often placed on probation for a term of three to five years. There are a few factors that the judge will look at when determining the exact length. A Los Angeles DUI attorney can work with the defendant to get the length of time for the probation as short as possible by submitting evidence and ties to the community, such as a job or family in the same area. When the defendant is in court, the judge will deliver the terms of the probation period. If the terms are not followed, then there could be a violation of probation put into place. This could mean that the defendant would go to jail for the original sentence that would have been given if the defendant hand’t been put on probation.
Restitution is often a part of the requirements when a defendant is on probation and involved in an accident after drinking or using drugs and driving. There are times when the insurance company of the defendant will cover a portion of the restitution that is ordered to be paid. An attorney can work with the defendant to request a hearing to get the amount changed. This would mean that the victim would need to prove that the amount ordered is legitimate by showing medical bills and proof of lost wages as well as other details that back up the amount that is requested.
Fortunately, the defendant can often make payments each month instead of paying the entire restitution amount all at one time. At times, if the probation period ends before the amount has been paid off, the judge could order that the rest of the amount be waived. However, if the defendant doesn’t make an attempt to pay off the amount, then the judge could see this as a probation violation. A lack of employment is not a valid reason for not paying the amount. However, if the defendant shows an effort, then the judge could order an extension to get the full payments made even after the probation period has expired.
Community service is often a requirement for those who are on probation. At times, the judge might order that the defendant spend a few days in jail before being released on probation. This is to show that the court means business and that if there are any violations, then the full sentence will be activated. Alcohol education programs are also an option for defendants who are on probation after being convicted of a DUI. There are other programs that take defendants to hospitals and morgues so that they can see the consequences of drinking and driving in a raw way. The DUI attorney can assist in gathering certificates of completion to show the court once the classes and community service have been completed.