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San Jose DMV Laws for Accidents Caused by DUI and DWI

The San Jose DMV convicts offenders who cause accidents or injuries under the influence alcohol under DWI and DUI regulations. This is different from routine traffic stops for checking blood alcohol content. That itself gives rise to severe penalties but actual damages which are caused, are dealt with more harshly. Therefore, the entire process in case of accidents and subsequent injuries caused is different in itself.

The normal penalty for a DUI offence when blood alcohol content goes to the specified limit gets big if there is a serious accident or any physical damages caused to others. It is however much harder to establish proof of accidents and slap higher charges on offenders. This is because officers who take you into custody for causing an accident might have to establish the fact that your BAC or blood alcohol count was higher than 0.08.

It is hard to prove in spite of being intoxicated, the intoxicated state caused the accident or whether it happened due to normal traffic violations, unavoidable circumstances or routine causes. A breath or a blood test can be taken to substantiate the claim for an accident charge but it is not the be-all and end-all of obtaining proof.

What matters is the number of times you have been convicted under a DUI offence. If it is the first time, penalties can be a little less severe as compared when you are convicted after multiple offences in the past. Multiple DUI offences are matter of serious concern as sometimes you might well be convicted under harsher charges even if your previous DUI offences did not cause any serious hurt or accidents.  Therefore, those who repeat offences never have it so easy when it comes to the rules of the San Jose DMV.

Car insurance organizations also leave you in the lurch with high and unaffordable premiums if you are convicted of multiple DUI offences and have caused car damages any number of times or even just once. Both protection of your car with insurance and your own driving journey will be out of reach in these circumstances.

Punishments are very harsh ranging from felony, misdemeanor, sentencing to jail for longer periods or short period imprisonment terms. Fines are hefty and driving licenses are suspended from anything between a few months and a few years depending on the specific nature of the charge. Compulsory completion of driving safety classes is also imposed upon offenders.

There are particular rights for those who are injured on your account and this is something you have to comply with. This includes paying out a certain sum of money as compensation to the victims’ family and also, the victim and his/her relatives and family members are allowed to attend your court conviction and even speak at the hearing. This makes it a tougher task to get away with an accident caused through DUI or DWI. Consulting a good legal agent would help to see if some charges can be lessened a little.

However, it is always a good idea not to drink and drive. An accident and DUI if combined is a serious cocktail leading to huge financial, social and professional losses both in terms of standing and in terms of self esteem.


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Legal Consequences of DWI and DUI Violation According to San Jose DMV

The San Jose DMV has strict regulations in place for DWI and DUI offenders. It has laid down many strictures for these cases. One needs to have a careful grasp of the law in order to avoid falling foul of it. The legal consequences of drinking and driving are severe indeed. This is because the seriousness of legal statutes may act as a deterrent for offenders.

Careful knowledge of legal strictures is therefore a must. San Jose has a strict policy in place for such offenders like the rest of California. This has also been influenced to a large extent due to the poor condition of roads in California and growing number of accidents each year. Some measures to rein in violations are absolutely necessary.

Previously DWI or DUI offences were taken care of just like the processes in place to check regular violations of traffic rules. However, attitudes have changed and now they are regarded as a serious criminal offence.

affordableSanJoseCarInsuranceConviction for such offences depends mostly on the percentage amount detected in the blood of a possible offender. If this comes up to 0.08 or even higher, drivers are in for serious punishments and could be the possible end to his driving odyssey.

Convictions are often done on the basis of failed tests for sobriety conducted on the spot by authorized officers. For those above the age of twenty one and commercial drivers, the limit for blood alcohol is even lower making it easier to get caught and have your license suspended.

There is a subtle difference between the terms DUI and DWI.

Both these terms indicate the very serious act of driving or operating any motor vehicle or four wheels while under the influence of alcohol or other intoxicating substances. Both these terms are used interchangeably in most states. The term DUI means driving under the influence or driving under the influence of alcohol or substances. DWI, which is often regarded as the more serious offence of the two, stands for driving while intoxicated which is regarded as an established fact.

Lower blood alcohol limits usually lead to a DUI charge being imposed upon an offender while higher limits usually lead to being convicted under a DWI offence which often carries stricter punishments. Both cases are serious criminal offences and charges for the same are equally severe. They usually include a host of punishments as given below:

Hefty fines crossing several thousands of dollars for damages and other compensation

A long probation period during which most of your driving privileges will stand restricted

A temporary seizure of your precious vehicle by the San jose DMV authorities

The driving license stands suspended and can even be revoked, depending upon the nature of the offence which has been committed

There could even be possible time spent in jail which is a dangerous blur on your social, professional and personal graph

There are also compulsory community service programs that one has to take part in and non-participation in the same would result in even more convictions

There are also classes in the mode of rehabilitation which require the participant to complete programs dealing with substance abuse and its prevention. All these classes have to be undertaken at one’s own expense

All these punishments are seen to rise to a huge extent if such offences keep on occurring as repeat offenders are not tolerated to any extent by the San Jose DMV. This has a bearing on your auto insurance prospects as well. Regular instances of collision, damages and other violations anyway hamper the receipt of good insurance plans. Severe incidents involving DUI or DWI convictions will shoot up the cost of obtaining auto insurance and in many cases, prevent you from getting insurance companies to even consider providing you insurance and security for your vehicle.

The long-running criminal record will haunt you for a long time and the associated stigma will be too much to bear for any individual. There are also charges for felony that can be incurred through DWI or DUI convictions. This depends on the number of times you have been convicted. If you have been convicted under DWI or DUI violations for a multiple number of times, you stand the chance of being convicted under the category of felony.

This is a more serious charge and involves rigorous punishments. Felony comes in when another person is seriously injured owing to your drunk driving. If there is a death, conviction can be under vehicular homicide or manslaughter both which leads to long-running time spent in jail, under severe imprisonment.

There are however quite a few defenses against DWI or DUI charges that most criminal lawyers specializing in DWI or DUI use. These include challenging of the reasons that prompted the authorities to conduct a breath-analyzer test or sobriety check-up in the first place. The lawyer may also challenge the reason for stopping the car in traffic as well or try to prove that even though intoxicated, the person was driving normally.

Successful challenges can lead to a verdict of not guilty and spare you the humiliation of jail and other financial troubles. This depends a lot on luck and on the lawyer that you engage.

If you are haunted by the prospect of a life-long stigma regarding the criminal record you face, you may ask the court for expunging all such records. This is done sometimes if the offenders for DUI are first-timers. DWI usually does not see such leniency on the part of the court.

However, even if the court agrees to erase your criminal records from public registers, there will be very stiff conditions that you have to abide by.

Also, in most cases the courts and the police authorities will still have easy access to all criminal records even if they have been expunged. This does not therefore, get you off the hook but it does give you some semblance of mental peace.

Where you can take steps to redress such offences is by hiring a good criminal lawyer and one who has handled cases of DUI or DWI offences earlier. Your lawyer plays the leading role in your court proceedings and a dynamic challenge might well lead to huge relief for you.

Auto insurance plans are also affected as mentioned above, therefore it is always advisable to stay on the right side of the law and think twice before drinking and driving.

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The Importance of Driver’s Licensed, According to San Jose DMV

According to rules of the San Jose DMV, anyone cannot just drive a vehicle. It requires certain age limits and fulfillment of compulsory requirements with testing and successful passing of tests that enables one to drive.

These tests include a written test, a vision test and an actual driving test. A probationary period also comes in before the driving license is provided.

However, licensed drivers should keep in mind certain responsibilities which are more legal than social. Violations of traffic rules do affect the driving license but not all kinds will. It all depends on the perceived seriousness of the offence or violation. If there is any instance of not following a signal to stop or driving without fastening seat belts or even violating a red light, fines are to be paid. This does not affect the driving license all that much.

DWI and DUI offences seriously impact the driving license, suspending or revoking it for a long period of time during which there are several programs that an offender has to undertake, not to mention heavy fines.

License violations are usually entered in as points on the record for driving of the offender. Serious and damaging violations subsequently lead to increased number of points on the driver rating.

The state of California has a certain number of points that are not to be exceeded. If the DUI or DWI violation leads to an excess of points well above the state limit, the driving license is revoked. This happens immediately as points for drinking and driving charges are steep and repeat offenders have no chance whatsoever of saving their license.

You can think of driving without a license but licensed drivers enjoy protection and privileges. You will be in for more serious trouble if you are caught driving without having a license on you. There can be significant time spent in jail lock-ups and other severe punishments such as no defense against charges and permanent revoke of your driving privileges. There are also heavy fines that one has to pay in such cases.

For DWI and DUI violation under San Jose DMV rules, the driving license is the one thing which is the most severely impacted. This leads to permanent removal of driving privileges and a huge black spot on your driving history. You should therefore always try to avoid DUI or DWI offences so that in emergencies you can still have some hope of saving your license.

Car insurers view such incidents as significant risks and may refuse to insure your car altogether or place almost unaffordable, steep and hefty premiums for insuring your vehicle. This is another problem you will have to face. Your license is very important. Do your best to preserve it!

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How to Determine if San Jose DMV Investigations and Search is Valid?

Searching on account of San Jose DMV or the police in tune with the department. Questions may often arise in the minds of citizens as to the validity of these particular searching operations of Department of Motor Vehicles. It is important to know the relevant details regarding such search.

Under the fourth amendment of the US Constitution, citizens are protected from unreasonable searches under federal law and it is the government’s duty to enforce the same.

This however, is restricted to government officials and not private individuals. Any evidence unearthed during a vehicle search by officials of the San Jose DMV or the police department cannot be used in any prosecution case. The court will forbid it. This law therefore covers all automobile searches, thereby keeping you safe and sound.

The term reasonable expectation of privacy is very important in this regard. A search can happen when any government official decides to search your car in a place where you have a reasonable expectation of privacy. Searches though, are mostly done for DUI and DWI offenses.

You might refuse to let a government official search you in other cases but when there is direct evidence of DWI or DUI violations, you may be in trouble. You can also limit the places where he searches like allowing him to search the trunk but not the glove box, for instance.

Any probable cause which government agencies have will compel them to search out your vehicle and this may often be linked to contents of substance abuse or liquor and other items linked to DUI or DWI offences. They will then search your vehicle and test you for blood and sobriety without your consent.

If only a traffic ticket is issued, officers cannot search a vehicle or stop you for a breath-analyzer test. However, if any criminal matches are suspected when you are stopped, then there may well be detention and searches.

When there is any arrest under law, the police officer not only arrests the accused DUI or DWI offender but also searches and investigates the immediate area around him/her.

The law surrounding stopping of cars and searching of vehicles and individuals is complicated. It requires consultation from expert attorneys on the subject. You would be well advised to get an experienced counsel at hand if only to save yourself from undue trouble and if you are not at fault but have been suspected at the same. This also applies in cases where you have driven normally but have still been stopped, searched and tested without your consent and found to have alcohol on your breath. A well experienced lawyer will be able to get you out of a DUI or DWI mess in this regard.

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The San Jose DMV’s Penalties According to The Damage

The San Jose DMV is the custodian of road regulations in the city and it thrives on maintaining driver safety and security. It also enforces certain laws that customers have to abide by if they are involved in particular kinds of on-road violations. These laws are what you should always keep in mind before opting for auto insurance policies.

Automobile insurers do not always provide coverage for traffic violations and other related offences. You need to start paying more heed to the rules laid down by the San Jose DMV or Department of Motor Vehicles as a prime step towards maintaining your insurance package without hassles.

The state of California has its own laws under which the city of San Jose falls and these laws can be grouped into relevant categories as follows:

Bodily Injury: This is a category where drivers are liable to pay out a sum of $15,000 in cases of death or injuries to any single person in a single accident.

Drivers are also liable to pay a sum of $30,000 as compensation for injuries or other fatal mishaps to all persons in a single accident.

Property Damage: This rather important category carries a payout of $5000 for any instances of damage to public or personal property in a single accident.

These hefty fines should be deterrent enough for you to start driving safely and you should pay heed to the traffic laws before going off track.

Handling such financial responsibility requires some careful steps however:

The first way is through depositing $35,000 with the department of motor vehicles

The second way is through the coverage policy you opt for. The liability type of coverage is usually provided in these cases by automobile insurers.

The third method can be a bond of surety totaling up to $25,000

Another process can be the issuing of self-insurance through the department of motor vehicles if you possess ownership of more than 25 vehicles.

Liability insurance is mandatory to be bought irrespective of whatever other coverage you opt for. There are extremely harsh penalties to be imposed in cases of violations of the law.

Under state law, a consumer should have minimum statutory limits of liability insurance to have a back-up method for compensating for any damages or violations he may cause or be the reason for.

Other types of insurance depend on your discretion and judgment but to comply with the law you need to ensure that you get auto insurance policies firstly and also to get liability coverage in it.

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Essential Requirements for Auto Insurance in San Jose as Requested by San Jose DMV

Driving a car in San Jose city involves mandatory auto insurance. San Jose laws require a minimum coverage for all vehicles participating to the traffic.

Since 2006, there is an electronic system that serves its purpose to verify that all San Jose driven vehicles have the liability insurance. This coverage provides financial responsibility for bodily injury and property damage caused by a traffic accident. Insurance companies must regularly send to the Department of Motor Vehicles electronic reports containing insurance status for every private-use vehicles. In this way, the DMV can monitor all vehicles’ insurance coverage in California State. Court personnel and law enforcement have electronic access to the insurance status provided by latest San Jose DMV records.

There are also additional consequences of this system. For example, if you are stopped by a police officer for a regular check, he can quickly verify if your car is insured or not. Even if you do not have your policy document on you, the electronic system will provide him your car’s insurance status. Anyway, you will probably receive a fine because you were not able to present the proof of your auto insurance. Besides this case, you should know that you are requested to present the evidence of financial responsibility every time when you renew your vehicle registration or when your car is involved in a traffic collision.

There are some particular situations when you will be requested to submit additional information to the Department of Motors Vehicles. You will need to send the identification card from your insurance company, an evidence that the vehicle is owned or leased by a public entity, a California Proof of Insurance certificate (the SR-22 coverage) or a DMV authorization letter (if you are self-insured).

The minimum coverage supposes the following amounts of money: $5,000 for property damage, $15,000 for bodily injury if there is just one person injured in the car accident and a maximum of $30,000 for bodily injuries if there are two or more persons injured in the traffic collision. Remember, if you don’t insure your vehicle, aside from the fact that you will get a not to be neglected fine, you will also have your vehicle impounded. Your car can be suspended if one of the following situation occurs: you provide false evidence of insurance, insurance information is not submitted to San Jose DMV within 30 days after the purchase your policy (your insurance company must send this information to DMV), or if your policy is cancelled and you do not purchase another policy within 45 days.

If for one reason or another your vehicle is suspended, you will be needed to submit your insurance information and a reinstatement fee to DMV. There is the possibility that your suspended car would be impounded so you will have to pay all the expenses by yourself if you are involved in a collision.

Therefore, purchase car insurance for your vehicle and make sure that you do not forget to renew its policy to avoid any problems you can suffer in case of road mishaps.

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