Reader’s Question:

I didn’t get entitled for a diminished value claim with my own car insurance policy after I was involved and got hit in an accident here in Palm Beach, Florida caused by another person because of drunk driving. Is there any other way I can be entitled to a diminished value claim?

Hayden

Palm Beach, FL

There’s an exclusion for diminished value claim in the state of Florida if you are making a first-party claim. The Insurance Services Office or sot’s exclusion applies to first-party physical-damage claims. But there is still one other way that you could be entitled to a diminished value claim after you got involved in an accident in Palm Beach, Florida caused by another person because of drunk driving. If the other person hit you, you can make a damage claim on that person’s car insurance. That would be a third-party claim and it would be possible to get diminished value damages as a third party because you don’t have a contract with that insurer.

Moreover, in tort claims, the measure of damage is usually calculated as the difference in value before and after the loss, sometimes making diminished value a viable claim. But there would still be a wide variation among state case law in pinpointing when a third-party claimant is entitled to diminished value.

Tags: car insurance, driving without insurance, DUI

Reader’s Question:

My cousin was charged with DUI here in Palm Beach, Florida and I see that he worries too much about his auto insurance. What can he expect from his insurance company after his drunk driving charge?

Margaret

Palm Beach, FL

Most auto insurance companies check their client’s motor vehicle record once a year. Some auto insurance companies do check it only once every three years or when the client is applying for a new insurance policy. Sometimes, tickets, drunk driving or DUI convictions and accidents could escape the auto insurance company’s attention. If your cousin’s auto insurance company finds out about his DUI charge, especially if he gets convicted, he will see higher premium rates and possibly he might have the task of seeking a new auto insurance company because his current auto insurance company might not renew his coverage.

There are usually two ways that auto insurance companies deal with customers who have DUI charge. Including your cousin’s DUI case in Palm Beach, Florida, the first possible thing that would happen is that the auto insurance provider might cancel the policy. It would also be possible that the auto insurance company would raise the premiums due to increasing the “point” count, almost to the point of “unaffordability.” In case this happens, he can check out other auto insurance providers and he can absolutely find a good auto insurance through getting an online rate quote from this website.

Tags: auto insurance, car insurance quotes, drunk driving insurance, DUI

Reader’s Question:

If a case of DUI was dismissed in court can it still affect my driving record and my auto insurance rate in Palm Beach Florida?

Nel

palm Beach, FL

It is possible that for a dismissed drunk driving case to affect your driving record still. I would recommend that you verify with your state’s Department of Motor Vehicles to know for sure what exactly will be listed on your driving history. The cost of a SR-22 insurance will depend upon your driving record and other personal information.

The Department of Motor Vehicle (DMV) will be able to provide you more information if a dismissed case of DUI will still appear to your your driving history. You may also contact your insurance carrier to know if this will affect your car insurance Palm Beach Florida.

Tags: car insurance quotes, car insurance rate, drunk driving insurance, DUI, sr22 insurance

Reader’s Question:

Is it true that I don’t have to talk to anyone but a lawyer about my DUI case here in Palm Beach, Florida?

Jagger

Palm Beach, FL

Yes, it’s true, you definitely don’t have to talk to anyone but a lawyer about your DUI case in Palm Beach, Florida because anything you say to anyone could be used against you. If you discuss your DUI arrest with family or friends, you are risking turning them into involuntary witnesses against you. It would be in your best interest to remember the details of your DUI arrest because it would help you in your defense. In any criminal case, you should be represented by a competent defense lawyer who specializes in the specific field of law you are charged with and one who has years of experience.

You could either choose a DUI lawyer or risk the consequences of representing yourself. By hiring a DUI lawyer immediately after your arrest, you would not miss any deadlines. Judges would not know if they must protect your rights unless someone defends you. An example is that overworked prosecutors could use reports from inexperienced or over-zealous police officers to over-prosecute a DUI case. DUI lawyers are absolutely aware of these tendencies and they are trained to handle such situations. So do not ever choose to be your own lawyer because you do not know the law and you don’t know how to challenge the elements of your DUI case.

Tags: DUI, DUI lawyer

Reader’s Question:

Is it true that even sober people would fail the field sobriety tests if they try to take it? All of the people I know here in Palm Beach, Florida who have been arrested for DUI have failed these tests.

Renzie

Palm Beach, FL

There are a lot of field sobriety tests that are being used by police officers to various extents, including those in Palm Beach, Florida. Known to DUI lawyers and most officers as FST’s, these roadside tests are basically a series of exercises created to test coordination, divided attention (an individual’s capability to perform two actions simultaneously) and balance. The most popular FST’s are the horizontal gaze nystagmus test (watching an object moving only your eyes), walk-and-turn, one-leg-stand, fingers to thumb, finger-to-nose, alphabet recitation and hand-pat.

One very important thing to know is that these tests have been scientifically disputed several times. And yes, it is true that even sober people would often have difficulty, thus failing these tests. One more thing is that to “pass” the tests is to be determined by the officer’s better judgment which means that it would be a subjective judgment. The popular public doesn’t seem to know that these tests are not legally mandatory. Aside from possibly irritating the police officer, a motorist could opt not to take a test without any legal consequence.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

Hi, I’m taking time in studying DUI as it is required in my schooling here in Palm Beach, Florida. My question is very simple, if a person will be convicted for DUI, how long would the mandatory jail time be?

Beverly

Palm Beach, FL

If a person, for example, who lives in Palm Beach, Florida, has more than one DUI conviction on his/her record, he/she faces mandatory jail time. In the state of Florida, one faces a minimum of 10 days serving in jail if he/she is convicted of two DUI’s within five years. If the person is convicted of three DUI’s within 10 years, he/she could face a minimum of 30 days in jail. Furthermore, a third DUI could result in the charges being upgraded to a felony. But let me just tell you, of course, that a good DUI lawyer could negotiate to keep the case a misdemeanor even if the defendant has more than two prior DUI convictions.

Several times, the prosecution and/or judge would require a person charged with a third DUI or more to serve a significant amount of time in jail. Prosecutors and most judges are willing to allow a person facing serious jail time to serve their sentence in an alcohol rehabilitation center in lieu of jail.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

I’m very much curious about the Miranda Warnings relating to DUI cases especially here in Palm Beach, Florida. In case there was a traffic accident and it turned out to be a case of DUI, how important would the Miranda Warnings be?

Jenny

Palm Beach, FL

In such situation that a person is arrested for DUI Palm Beach, Florida or anywhere in the state of Florida for that matter, the Miranda warnings are required to be read to the person arrested for DUI. This specific warning is seldom needed following a DUI arrest because it deals with statements that the person arrested for DUI makes following the DUI arrest. Police officers are trained to get the necessary information with regard to how much the person drank, what he/she ate and when he/she last drank before the DUI arrest to avoid any problems with Miranda warnings (so unfair).

Miranda warnings are important in any accident case because if you are involved in an accident, anything you say to the investigating officer is protected and could not be used against you. If this accident investigation turns out to be a DUI case, the officer should then read you Miranda warnings before asking you any questions because if not, your statements would not be allowed to be used against you.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

I have heard a lot of cases about DUI here in Palm Beach, Florida especially regarding DUI arrests. What are these so-called symptoms of intoxication that can be caused by things other than alcohol?

Nash

Palm Beach, FL

Police officers in a DUI arrest often claim to have observed certain “objective symptoms of intoxication” on the person suspected for DUI. The standard list of the symptoms of intoxication includes slurred speech, bloodshot or watery eyes, an unsteady gait and a flushed face. Police reports on DUI cases have pre-printed boxes for these symptoms that officers merely check off. But in most DUI cases in Palm Beach Florida, officers fail to take photograph, videotape or audiotape the person suspected for DUI so that the jury could later judge for themselves if these symptoms were present and to what extent.

But in any event, there are certain things that could explain these observations and they are non-alcohol causes. One great example of this is that allergies, eye strain and fatigue often cause bloodshot eyes; embarrassment, anger and nervousness over the DUI stop could also cause flushing; fluster and intimidation could cause slurred speech. Police officers rarely take these innocent explanations into consideration but it can be emphasized that the evidence is just as consistent with non-alcohol explanations as it is with intoxication.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

I know that after my DUI charge here in Palm Beach, Florida, I have to do certain things to save my driver’s license. What are the things that I should do now so that I can still have my driving privileges?

Jude

Palm Beach, FL

To save your driver’s license, the first thing that you should do after your DUI arrest in Palm Beach, Florida is to request for an Administrative hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). Upon your request, DHSMV is authorized to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decision of the DHSMV should not be considered in any trial for refusal to blood alcohol test nor any written statement you submitted in your request for review be admissible into evidence against you in any such trial. The disposition of any related criminal offenses should not affect the suspension of your license.

The temporary permit that the officer issued you is valid for 10 days from the date of your arrest. This permit does not authorize anyone to operate a commercial motor vehicle for the first 24 hours of suspension of driving privileges. The Administrative hearing with the DHSMV should be requested with 10 days upon arrest and I also suggest that you request the officer’s presence so that it can give you a preview of your trial.

Tags: driver’s license, DUI, DUI lawyer, DUI trial

Reader’s Question:

Hi. I have a 17-year old daughter who has been arrested for drunk driving last Sunday. What is the process for first-time offenders of DWI in Palm Beach, Florida?

Harry

Palm Beach, FL

Being charged with DWI is stressful especially for first-time offenders. At the time of arrest, the law enforcing officer will most likely require the DWI offender to take some form of chemical test or field sobriety test to determine the approximate Blood Alcohol Concentration (BAC) level.

After the arresting officer puts the DWI offender in jail, the DWI offender will go through the booking process. This process includes finger printing and mug shots. She will be kept in jail until it is time for her jail release hearing, also known as bail hearing. During the bail hearing, the judge will review your daughter’s past offenses as well as past arrests and will make a decision as to how high or low the bail should be.

As for drunken driving in Palm Beach, Florida, a person who is committing this crime for the first time could be sentenced for six months along with a fine. The prison sentence and amount payable will increase based on the number of times this offense is repeated. The DWI offender’s driving license could also be suspended if she refused to undergo an alcohol test after being found guilty of a DWI felony. I would suggest consulting a Palm Beach, Florida DWI attorney to help you get out of this situation with a minimum amount of punishment.

Tags: advice, drunk driving laws, DWI lawyer