A Bird's Eye View on Home Improvement

Posts made in October, 2014

Eat, Drink and Be Merry…but Don’t Drive

Posted by on Oct 28, 2014 in Drinking and Driving Law | 1 comment

Texas is known to have tough driving while intoxicated (DWI) laws, and this is backed by stringent enforcement in response to public pressure to crack down on violators. It is understandable to want drunk drivers off the street because they do run a high risk of accidents, but sometimes you can get caught in the middle.

Holidays are an especially prickly time for Dallas law enforcement because a lot of people tend to get carried away with the merrymaking all at the same time all over the city. Most people are aware that getting behind the wheel after a convivial evening is not a good idea, but with nary a designated driver in sight, options are limited. There is no intention to do harm, but the tendency is to believe that since nothing untoward has happened before, nothing will happen this time. That is, until something does happen and you get arrested for DWI.

A DWI is no small potatoes anywhere, and Texas is no exception. Depending on the circumstances of an arrest, you could be facing anywhere between 72 hours to 99 years in prison plus jail time, license suspension or revocation, liability lawsuits…it is the crime that just keeps on giving.

However, an arrest does not necessarily have to lead to conviction, even if there seems to be overwhelming evidence for one. As the lomtl website states, there are many ways that a case may have been mishandled, from the original stop to the handling of the evidence, which can mean a dismissal or at least probation for the defendant. A competent Dallas criminal defense lawyer will find a way if any at all exists in a particular case. The important thing is to submit to field sobriety tests but refrain from giving any additional information or explanation without consulting with a lawyer first about your rights in such a situation.

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Applying for an SR-22

Posted by on Oct 13, 2014 in Insurance | 0 comments

A certificate of financial responsibility or SR-22 is required in Illinois for certain drivers who may have safety responsibility shortcoming and have had their licenses cancelled or suspended. The certification is issued by a state-accredited insurance company to the office of the Secretary of State, which then has the authorization to impose a further license suspension or revocation if the SR-22 is cancelled (for violations of the conditions of the certificate) or expires.

When applying for an SR-22, you have to be sure that the insurance company is authorized to issue them, and has a power of attorney in Illinois on file. An SR-22 is issued as one of three types: an operator’s certificate for drivers that do not own the vehicle they operate, an owner’s certificate is intended to cover vehicle/s owned by the applicant, or operators-owners certificate which provides guarantees for all vehicles that are operated by the driver, owned or not.

The process of applying for an SR-22 is certainly not the same as a standard car insurance which you can usually get on the spot upon payment. With an SR-22, the insurance agent has to request for one from the central office. Once it is accomplished, the SR-22 is sent to the office of the Secretary of State where it may take a month or so to process. The applicant is then provided with a copy of the SR-22 as well as a letter from the office of the Secretary of State.

The certificate has to stay in effect for 3 years in Illinois, and renewed every year 45 days before it expires to avoid problems. The failure of which will result in a driving record suspension when the insurer forwards an SR-26 or Cancellation Certificate to the Safety and Financial Responsibility Section, which can only be lifted when and if the SR-22 is reinstated. For more information on this topic, contact your local car accident lawyer.

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