The state of California has heavy penalties in place for DUI offenders. These laws are in place to discourage drivers from getting behind the wheel while intoxicated. A drunk driver can destroy lives in an instant. Despite these penalties, many injuries are still sustained each year due to driving while intoxicated. Here is a list of some of the penalties in place in the state of California.
The minimum penalty for a first-time offender (assuming no one is hurt or killed) includes:
- $1,800 in fines and assessments
- 2 days in jail or 3 months with a restricted license (only driving back and forth to work or treatment is allowed)
- 3 to 9 months of mandatory treatment (depending on BAC) which costs about $500
- Loss of license for 30 days (the restricted license begins after this period)
These penalties quickly escalate for second and third-time offenders. However, if someone is hurt or dies as a result of the DUI, penalties may include a felony that will result in prison time. Depending on whether the person was a previous offender, the minimum sentence will be somewhere between one and five years.
If You or a Loved One Has Become the Victim of a Drunk Driver
If you have been hurt or have tragically lost a loved one due to someone driving under the influence, you deserve to be compensated for all of your losses. This can include lost future wages, medical costs, pain and suffering, and more. The compassionate lawyers at Petrov Law Firm can help you to handle these sensitive matters when you may not mentally be in a position to seek a reasonable settlement yourself. Let us help you start to put the pieces back together. In many wrongful death cases, we only get paid if we win for you. Just call 619-344-0360 for help in the state of California.Read More
Effective the first of the year in 2016, California introduced a deed that can automatically transfer property upon a person’s death. While this may seem advantageous as opposed to hiring a lawyer for estate planning purposes, there are several extreme flaws in the law. Here’s what you need to know before preparing a TOD Deed.
Why a Transfer on Death Deed Isn’t Foolproof
There are two major reasons that the Transfer on Death laws don’t provide as much benefit as trusts and other forms of estate planning.
- You Cannot Set the Transfer Conditions – With a trust, you can set the age at which a benefactor inherits the property. You can also have a contingency plan for inheritance should the primary benefactor die before or at the same time as you. When it comes to a deed, there are no additional conditions. The property simply passes to the named person when the deedholder dies.
- The “Restitution Demand” Clause – An estate representative can demand the return of a property within a set period of time from the death of the owner – 3 years. This could leave the Transfer on Death recipient homeless. Or if the property has already been sold, the beneficiary would have to pay back the value of the home, perhaps even more than it was sold for. This gives the executor of the estate true power over the property for the first 3 years.
A Better Way to Avoid Probate when Leaving Property to Heirs
Setting up a trust is a far superior way to leave property to heirs without having to worry about probate. While estate planning with an attorney may cost more than getting a Transfer on Death Deed issued, the benefits far outweigh any inconvenience. To take advantage of affordable estate planning with an experienced attorney, contact Petrov Law Firm today at 619-344-0360.Read More
Perhaps you were shopping at the convenience store, checking into a motel, or simply using the ATM, and you and the business were robbed. Your routine activity became part of a criminal act. Generally, the hold-up is over as quickly as it began. Suddenly, you’re lying on the floor, your wallet is gone, and the criminals are speeding away in car.
If you’ve been the victim of a crime like this, you know the aftermath continues for years. Nightmares, paranoia, and agoraphobia are just few of the symptoms you suffer. But who is responsible for helping you with these post-trauma symptoms?
No business can guarantee that a crime won’t occur on its premise. However, businesses have a responsibility to their employees and clients to enact reasonable crime-prevention methods to deter criminals. Working cameras, proper lighting, and internal cash-handling procedures can reduce the likelihood of crime significantly.
Just as in a physical injury (slip and fall) that happens on a commercial property, businesses are responsible for the emotional distress from a hold-up or robbery. You might be eligible for recouping the cost of psychological treatment, anxiety medications, and lost wages.
You might (or might not) receive a letter from the business or its insurance company indicating how much time you have to submit a claim. A personal injury attorney will be able to investigate the company’s insurance policy to see if your losses and costs are already listed as covered expenses.
You are the victim of a preventable crime. Make sure to hold the business responsible for keeping you safe.Read More