What are the grounds that fulfil drunk driving in Los Angeles?
The act of drunk driving refers to drinking and driving under the influence(DUI) of alcohol. There can be different kinds and degrees of drunk driving that are, in all possibilities, going to result in severe harm or bodily injury to the driver and especially the victim.
Besides being under the influence of alcohol alone, drugs and high-dose medications also constitute driving under the influence or DUI. If a highway officer suspects an individual of driving intoxicated and administers a field sobriety test; on the outcome of a positive result to the test, the individual can be arrested for DUI.
Another ground for conviction under DUI is when the officer proves that the suspected individual was impaired even to the marginal degree. This conviction dictates that the individual does not have to be drunk to be charged with DUI. Instead, the charges will be based on the individual’s appearance and conduct as an outcome of the field sobriety test as well as the officer’s testimonial. In both cases, there can be severe consequences to the person/s suffering injuries for which a personal injury lawyer must be consulted immediately.
What are the ground that established drunk driving?
For proving a personal injury or car crash from driving under the influence (DUI) case in Los Angeles, the prosecution, the police, and especially the victim must prove the following primary points:
- That the driver was driving or ‘operating’ an automobile or motor vehicle.
- That the driver was under the influence of alcohol during the act of driving.
- That the ‘driving’ of the automobile or the motor vehicle happened on a road accessible to the public and another vehicle or in an area accessible immediately to the public or another vehicle.
To prove the degree of intoxication the officer must use the techniques that include:
- Firsthand observations, that is, fumbling of words, smell or odor, and instability with their body actions.
- Direct interrogation of the driver about their whereabouts.
- The immediate result of the mandatory field sobriety test and breath test of the driver.
Sarraf Law Firm, as a personal injury law firm, recognizes the insurmountable experience that victims suffer from drunk driving. It is why they are profoundly rooted in assisting their clients.
Personal injury from a drunk driving accident? Here’s how you can claim damages.
Drunk driving bringing injury or loss of life are terrible crimes that bring excruciating pain to the victims and their families. Under California law, drunk driving is a felony that can be compensated through a personal injury lawsuit if the victim has suffered some amount of bodily injury or even death.
According to California Vehicle Code 23152, driving a motor vehicle under the influence of substance or intoxication is a misdemeanour whether the doctrine of negligence is applied. If you have experienced a car crash or a similar unfortunate incident then you are bound to get compensated for all the damages suffered.
To ensure that you return to the health and status you were in before the incident you can consult a personal injury lawyer from Sarraf Law Firm. The amount you can claim will be equal to the graveness of injuries you have borne. You are eligible to bring a personal injury lawsuit by consulting a personal injury law firm based on the degree of damages that you have suffered.
You can seek financial compensation calculated on the tangible damages suffered such as lost income and medical bills. You can also claim monetary compensation for intangible damages calculated subjectively on the degree of mental and physical anguish suffered by you.
