Thursday, September 13, 2012

Do you know the difference between traffic infractions and traffic misdemeanors?


Most common traffic infractions issued are speeding citations and automated red light citations.  Infractions have the lowest initial costs; however, they may add points to your DMV record, thus increase your insurance premiums. Moreover, you don't have the right to a jury trial nor can receive prison time for an infraction. However, you can be fined up to $1000 for an infraction.

A misdemeanor is a more serious offense. It is a bridge between an infraction and a felony. Misdemeanor citations generally include: DUI offenses, driving on a suspended license, reckless driving, and drag racing. For all misdemeanor citations besides DUIs and DWIs, the police will generally not arrest the driver. The driver will usually sign a traffic citation promising to show up in court on a date assigned by the police officer. 

It’s best if you avoid getting yourself into these kinds of situations. However, we all make mistakes. If you or someone you know got into a burdensome situation like this, a legal specialist is necessary to minimize or completely abate such charges so you can have your peace of mind. 

KAASS LAW handles many misdemeanor offenses. Call or email us with any questions or concerns at 310.943.1171 or info@kaass.com.

Monday, September 10, 2012

Crazy and Uninsured/Underinsured: California streets are filled with uninsured or inadequately insured drivers, how to protect yourself financially


Ask yourself one question, do I need uninsured/underinsured motorist coverage?


First off you have to be familiar with the term uninsured/underinsured motorist coverage. Uninsured motorist is meant to compensate your losses even though the opposing driver has no insurance.  Underinsured motorist coverage is meant to compensate your losses even though the opposing driver has inadequate insurance coverage.  These two coverage’s exist together generally under the term uninsured motorist coverage.

The law protects consumers from unfair insurance practices and requires insurance companies to provide uninsured/underinsured motorist coverage, unless the consumer specifically declines it in writing.  Too many unwary consumers sign this piece of paper without even knowing the facts. 

When you purchase uninsured/underinsured motorist coverage, it automatically covers you and all your passengers when faced with an uninsured or underinsured opposing party. It also includes other drivers who have your permission to drive your vehicle.  Further, passengers may claim towards their independent uninsured/underinsured motorist coverage.  Meaning, if you as a passenger have uninsured/underinsured motorist coverage on your vehicle but you get into an accident as a passenger in your friends vehicle, your vehicle’s uninsured/underinsured motorist coverage may still cover you in this accident. 

Uninsured/underinsured motorist coverage applies only when the opposing driver’s liability limits are lower than your uninsured coverage limits or completely non-existent.  In that case you are entitled for a compensation for both your financial and non-financial losses which your sustain. Financial losses would include medical expenses, any loss of income or earning and any diminution in your ability to earn money in the future.  Non-financial damages include such elements as loss of ability to enjoy or engage in certain activities as a result of your sustained injuries, pain and suffering and other such objective losses.

Your insurance company is only required to issue uninsured/underinsured policy in a minimum amount of $30,000.00 per person/ $60,000.00 aggregate regardless whether you desire to purchase a higher liability policy. However, if you decide to purchase a $15,000.00/$30,000.00 liability policy, your insurance company will only offer uninsured motorist coverage for the same amount.

Now the other important question that you need ask yourself; how much uninsured motorist coverage do I need?

An obvious answer would be to purchase a coverage that you can afford. However, if you are an individual with high income, and a prolonged injury would substantially impair your earning capacity, you should consider having high coverage.

It would also be a good idea to match your liability coverage to your uninsured motorist coverage. Suggested coverage in California today is $100,000.00 per person/$300,000.00 aggregate. Moreover, it is always wise to purchase higher coverage if you can afford it.

Make sure you are protected against uninsured and underinsured motorists on these crazy streets of California.  With the amount of uninsured and underinsured drivers on these crazy streets you cannot afford not to.  Its costs are minimal and the benefits are highly worth your while. 

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

Monday, September 3, 2012

Reason is Snoring: Law Enforcement Anti-DUI Campaign in High Gear During Labor Day Weekend



We all know drinking and driving is a serious crime; however, when the liquor is pouring, reason is snoring.
  
Numerous Los Angeles Law enforcement agencies are coordinating an effort to crack down on Labor Day drinking.  The "Avoid the 100 Los Angeles County DUI Campaign" is designed to deter drunk driving during this busy weekend and is underway as we speak.  Don’t drink and drive, it is expensive to all.  

Here are the two offenses drunk drivers are usually charged with:  
  1. The first offense is the commonly known, “Driving Under the Influence offense.”  Cal. Veh. Code, § 23152, subd. (a).  Here, it is unlawful for any person to navigate a motor vehicle while impaired under the influence of alcohol.  The prosecution must generally prove that the presence of alcohol impaired the person’s ability to navigate a motor vehicle.
  2. The second offense is the “Driving a vehicle with a blood-alcohol content of 0.08%  or higher offense.” Cal. Veh. Code, § 23152, subd. (b).  Here, it is unlawful for any person 21 years of age or over who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle.  Percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood, if using a blood sample or grams of alcohol per 210 liters of breath, if using a breathalyzer.    

Drunk driving is lethal and a great public nuisance.  Be a responsible citizen and avoid it at all costs.  When reason is snoring, your car is still moving.  

KAASS LAW defends many such drug related crimes.  If you have been apprehended while driving under the influence of alcohol call us at 310.943.1171 or email us at info@kaass.com for more information.  

Be safe, stay in control. 

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.