Accidents Affecting Stamford DUI Cases
Driving while under the influence is a criminal offense, but it also can have serious implications if the driver harms another person while driving. Many people do not realize that accidents affecting Stamford DUI cases, is an actual issue.
Accidents make the offense more serious, and in fact, if the person that is the victim of the accident is significantly hurt or has serious bodily injury then it can add to a person’s charges an assault with the motor vehicle charge, which is a felony so that by itself can lead to a new charge. In that instance, it is important that a person retain experienced legal counsel that can help the defendant fight their DUI charges.Accidents Affecting Stamford DUI Cases Despite a Lack of Injured Parties
If a person is not seriously injured after getting into an accident with a drunk driver, it still makes the nature of the case more serious and can have some adverse consequences on the disposition or result of that person’s case.
It may make it more difficult for the person to use the alcohol education program even if they are eligible. Furthermore, even if the program is granted, the judge will ask the person that is arrested for a Stamford DUI or DWI to make restitution to the alleged victim.What Is Restitution?
One of the ways attorneys see accidents affecting Stamford DUI cases is through restitution. Restitution means that the defendant must pay the plaintiff for out-of-pocket losses and the medical attention or property damage.
Due to the involvement of vehicles in the accident, the restitution can eventually be substantial, especially with regard to property damage with a car or potential medical expenses. The person that is arrested for the DUI or DWI will also likely have to deal with their insurance, or perhaps the victim’s insurance company, in order to resolve a claim and have the insurance company pay for the damage that has occurred. Obviously, the person that is arrested for a DUI or DWI in Stamford will be interested in having their insurance cover the restitution.
From the court’s perspective, it is not going to make a difference what source makes the restitution as long as the restitution is made. That means that the person will also have to deal with insurance, that is another process that complicates things and makes things more difficult for the person that is arrested for Stamford DUI or DWI.How an Attorney Can Help With Restitution
The issue with accidents affecting Stamford DUI cases is that the alleged victims of these accidents may be hesitant to interact with the defendant. In a few different ways, making contact with the alleged victim is somewhat difficult in the sense that if the arrested person contacts them, they may find that the person is reluctant to speak with them. Understandably the injured party may be upset with the arrested person, and they may not be able to get far speaking with the alleged victim. Having an attorney provides that buffer that allows the lawyer to make the effort to speak to the alleged victim in a way that they will hopefully be receptive to.Role of the Injured Party in a Stamford DUI Case
The alleged victim will have the right and ability to be heard at any hearing for the arrested person’s case. They will also be able to have their position made to the judge with respect to any type of program that the arrested person makes. If the person makes an application for the alcohol education program, the court will hear from the injured party as to whether they have any objection to the person using that program.
Because the alleged victim will be heard with respect to any result or disposition of the arrested person’s case, it is important to address any concerns that the victim has and to make any restitution for any damages that the victim has suffered as early as possible to hopefully gain their favor in terms of any support for a particular resolution that the arrested person is working for.Speaking With Insurance Following the Accident
In accidents affecting Stamford DUI cases, the defendant’s statement will be recorded particularly if it is for the alleged victim’s insurance company. Those statements may be used in any court case not only the criminal court case that the arrested person is facing but any subsequent civil court case that the victim initiates to address any substantial injuries that they might have encountered as a result of the accident. It is always better for the arrested person to have an attorney there to provide some sort of buffer.Necessity of a Lawyer When Dealing With Insurance
A lawyer can help deal with the insurance and speak to the insurance company directly, the insurance company will ask the arrested person for an authorization to speak with the attorney but once they get that authorization the insurance company will speak to the attorney. In that way the words are not coming from the arrested person themselves, it is coming from their attorney
The attorney will have a better idea of what information is needed to be disclosed and what information should not be disclosed while the criminal case is pending. Essentially the attorney will help make sure that the insurance claim gets processed so that the restitution is made as quickly as possible.
The attorney will also help make sure the appropriate forms of communication and confirmation are either received from the alleged victim, or the insurance, or are sent to the victim or the insurance company, and that they can be presented in the best form to the court. If you want to know more about accidents affecting Stamford DUI cases, and how a car accident may affect your DUI case, get in touch with a lawyer that can help.