Car accidents, traffic tickets, and driving precautions
I was a traveler and got into a car accident. I was in no mood so I just said “sorry”. Is it okay?
Cars are essential to American life. No matter how carefully you drive, you are bound to experience a car accident at least once. Once an accident occurs, we often become embarrassed and say sorry first. However, saying sorry is admitting your mistake, so it is best to wait as quietly as possible until the police come and write a report.
I had my first car accident in the U.S., what should I do?
It is commonly known that the first thing to do in the event of a car accident is to immediately notify the insurance company. However, when I get into an accident, I am so embarrassed and my heart trembles that I cannot remember anything.
In this case, if you call Park Law Firm at 703-389-8888 before calling 911 or the insurance company, we will guide you step by step.
Once an accident occurs, do not panic and be sure to write down the name, address, and phone number of the other party and the names, addresses, and phone numbers of witnesses around you. Also, write down the model name of the other party's car, the vehicle registration number, and the other party's driver's license number. Please also record the exact date, time, location, and weather of the incident as these will be important information in the event of a lawsuit.
Also, in case the other side later files a false lawsuit or uses force, it would be a good idea to have one of the possible witnesses confirm the extent of damage to your and the other party's car. If you have a camera, it's a good idea to take pictures of everything.
If there is a bodily injury, it is important to immediately call an ambulance and make sure that the other person receives appropriate treatment if they are injured. And you should never leave the scene of an accident without revealing your identity. This is because it may later be misunderstood as a hit-and-run and treated as a criminal offense.
There was a crash. What should I do?
In general, the most common accident is a collision between the car behind and the car in front, and in this case, it is usually treated as the fault of the car behind. The car behind you is issued a ticket called Failure to Reduce Speed to Avoid Accident because you did not reduce your speed. This is a criminal penalty separate from the civil compensation handled by the insurance company.
But you must remember: Even if I get it from behind, there are many cases where I can win due to the circumstances at the time of the accident and various variables. You shouldn't be scared in advance, make your own decisions, and give up.
First, call Park Law Firm at 702-389-8888 and we will find a possible way to win. Recently, there was a real-life case where a client who received compensation of $115,000 behind the scenes.
However, since the insurance company generally pays all compensation, it is common for the driver of the damaged vehicle to not appear in court, and in this case, the case is dismissed. However, if the other party appears and pleads not guilty, you must apply for a trial or plead guilty and pay a simple fine.
If you suffer damage from a traffic accident, you must first report it to the insurance company. Depending on the extent of the damage, compensation may be provided by the insurance company. However, if the damage is severe, you may be able to request compensation from the other party through a separate injury lawsuit. However, in the case of an injury lawsuit, it takes at least a year or more, and it is inconvenient to cover hospital expenses incurred during that time through your own insurance first.
Can my driver's license be suspended if I get a lot of traffic tickets?
Normally, if you receive a traffic ticket, your license will be suspended if you have three or more moving violations within a 365-day period. Moving violations include the most common driving violations, such as speeding, red light violations, and stop sign violations. Parking tickets, etc. are not included. However, even if you commit a violation, if you go to traffic safety school after receiving supervision, you will not be penalized and your record will be deleted later, so you must receive supervision. If you do not go to court and pay the fine, your driver's license will be suspended. Also, please be especially careful as these minor mistakes can cause problems with immigration laws later when entering or leaving the country.
Can I ignore a traffic ticket I received while traveling out of state?
When traveling or traveling on business, you may often receive tickets from out of state. In many cases, you can either just pay the fine or ignore it, both of which can be problematic. Even if you just pay a fine and receive supervision, your record will not be considered supervision and will be recorded.
Of course, if a traffic ticket is left unattended, a warrant may be issued in severe cases, so it must be dealt with in some way. The best way is to hire a lawyer and even if you don't go, you should seek appropriate action through the lawyer, such as changing it to a non-moving violation.
If I drink and drive, will the police immediately arrest me? What happens if I refuse to take a sobriety test?
The most common criminal case for Koreans who drink frequently is drunk driving. Punishment for drunk driving is becoming increasingly stringent, even for first-time offenders. If the alcohol level exceeds 0.08 after a breathalyzer test, you will be charged with drunk driving. 0.08 varies from person to person, but it is a number that can be achieved by drinking just one bottle of beer.
If you're caught by the police for drunk driving, you get out of the car and take a road test, just like you see in the movies. These include standing on one foot, moving your eyes following the policeman and his fingers, etc. However, these days, such tests on the streets are almost considered a formality, and the police determine that most drunk drivers fail these tests and then request a breathalyzer test.
If it exceeds 0.08 after measurement, you will be arrested on the spot and transported to the police station. Even if you refuse to take the test, you will be arrested, so if you are investigated for drunk driving, you must be prepared to be arrested. If you refuse to be measured, your driver's license will be suspended for 6 months (this is the state government's stance showing its will to severely punish those who refuse to be measured), and if you do, your driver's license will be suspended for 3 months.
Sometimes, many drivers refuse to be measured for the possibility that it could give them an advantage in a later trial. In fact, if you refuse to take measurements and deny that you have been drinking, there is a problem for the prosecution as they have to use the police's arbitrary judgment as the only evidence. However, refusal to be measured does not lead to acquittal, so please think carefully about this before making your choice.
What is the penalty for drunk driving? Is deportation possible under immigration law?
Recently, awareness about drunk driving has increased. First-time offenders are subject to one year of supervision and a fine, but serious offenders are subject to severe punishment, including a license suspension of two years or more. In particular, cases of carrying children should not be taken lightly as stricter punishments have recently been introduced.
Moreover, if you are caught drunk driving while your license is suspended, you can be deported under the revised Immigration Act, and if you are caught drunk driving a third time, you are classified as a felon and can even spend time in prison. In the United States, there are few Korean-style drunken crackdowns that generally involve blocking the road, but in special cases, for example, when drinking is expected, such as on holiday weekends or at the end of the year or the beginning of the year, roads are often blocked. If you are arrested for drunk driving, even if it is your first offense, the fines and attorney fees can quickly exceed several thousand dollars. If you must drink alcohol, I would like to recommend that it is much more economical, even from a financial perspective, to take a taxi.
I heard that in the United States, you shouldn't drive with leftover alcohol in your car. If you do that, are there any special problems?
Usually, rather than putting alcohol in the trunk of a car, people put it in places like the back seat out of frustration, but this can also be a problem if the police catch you. According to the law, alcohol must always be kept out of sight, so it is usually kept in the trunk, but the more important reason is to prevent safety accidents or impulsive drinking. In fact, when a serious accident occurs, alcohol bottles in the car may break and cause further injuries, so it is best to follow the law for your own safety.
Due to unavoidable circumstances, I left my dog in the car and went to run errands for a long time. Is this still a problem?
Can I be arrested by the police just because I left my dog in the car for several hours while running an urgent errand in the middle of winter? It's possible. As is known, the United States has animal cruelty laws, and since it is a very socially sensitive issue, its enforcement is also strict. In this case, you need to be careful because your pet may be taken away due to your carelessness and you may be subject to criminal punishment. This can be consistent with punishment for leaving children at home without a guardian.
I obtained my driver's license through unfair means due to residency status issues. What punishment will I receive if I am caught?
Immigrants, including Koreans, often cannot obtain a driver's license due to lack of or unstable residency status. In the end, as a last resort, there are cases where a broker forges a social security number card and uses it to apply for a driver's license, but if caught, they will be subject to criminal punishment. This could become a more serious problem, especially under the recent Trump administration. You must be careful because these cases are classified as felonies and the punishment can be severe and even lead to deportation. The forged driver's license will be surrendered and the license will be suspended for one year.
There are a lot of questions and complexities about everything related to traffic accidents, especially if you come from Korea.
The wisest way is to call Park Law Firm for free consultation in Korean and have a hotline or direct call with your own personal attorney. Traffic Accident Personal Injury Park Law Firm 702-389-8888
This article is general information, not legal advice about your specific situation.