Drunk Driving Cases

Florida has two separate systems of justice related to DUI crashes: the criminal justice system and the civil justice system. These are separate and distinct but in some ways interrelated. Having your lawyer understanding how that works is very important.

A DUI conviction in the criminal case is important and beneficial. However, a drunk driving conviction is only admissible if it is based upon a guilty plea. On the other hand, if the drunk driver pleads no contest, that plea is not admissible in civil court. Another way that the criminal case can work to your advantage in the civil case is through restitution. Restitution is money which the criminal court awards you against the drunk driver as part of the criminal prosecution for DUI.

You must stay in touch with the State Attorney prosecuting the drunk driver and provide evidence of any losses you have sustained to get any restitution. Once restitution is ordered in your favor in the criminal case, the drunk driver cannot deny the essential allegations of that  DUI offense in any subsequent civil proceeding.

Even if the drunk driver is not charged or is not convicted of DUI, you can still bring a civil lawsuit for compensatory and punitive damages if you have some proof of the drunk driving. The burden of proof is less in civil court than in criminal court. Also the drunk driver will not have the right to refuse to testify. Cases against drunk drivers have been successfully brought in civil court even when the drunk driver left the scene of the crash and there was no arrest, no blood alcohol and no DUI conviction. Thus, it is important to have a skilled lawyer review your case.

If the drunk driver has bodily injury liability insurance coverage (BI), this will cover the crash and your claim for compensatory damages. However, it will not cover punitive damages. Such a policy may also be subject to policy limits (the maximum amount of BI coverage available). Sometimes more than one policy of bodily injury liability insurance can apply. This is why it is very important to always consult with an attorney before accepting any settlement from a Bodily Injury insurer on a DUI crash case. Insurance companies look out for their best interest, NOT YOURS! And any settlement they may offer, would be made before you understand the full extent of your injuries without taking into account how your injuries may impact your life long term.

If you or a loved one has been the victim of a drunk driving crash, we encourage you to contact attorney Diego C. Asencio today at (561) 844-0840 for a free, confidential consultation regarding your legal rights and options.
 

Attorney Diego C. Asencio encourages you to support Mothers Against Drunk Driving (MADD) in the fight against drinking and driving. Click Here to find out how you can help.
 

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