Auto Insurance Cancellation Because Of DWI Conviction?
Reader’s Question:
What does it mean when you say “binding period” in an auto insurance policy? My sister seems to worry too much because she said that her auto insurance can be canceled because of her DWI charge here in Anchorage, Alaska especially that she’s still within the binding period.
Vince
Anchorage, AK
Your sister has all the reasons why she has to worry about her auto insurance. Every one of us does not want to hear that our policy has already been canceled. Finding that our auto insurance company has decided to cancel out our auto insurance policy is no picnic. Having a cancellation of auto insurance policy can have an inconvenient insurance future.
Any auto insurance company has the right to cancel your sister’s auto insurance policy at any time and for any reason during the “binding period.” The “binding period” would be the time frame after her application in which the auto insurance company determines her risk and this is typically 60 days. If an auto insurance company cancels your sister’s policy, that could mean that it has found a blemish on either her driving record or credit record that makes you an unacceptable risk. In her case now, that would be because of her DWI charge in Anchorage, Alaska. But she can still be able to get a better deal for her auto insurance. You can advise her to check out her options and tell her she can get an online rate quote from this website.
Appeal For A DWI Charge In Alaska?
Reader’s Question:
My friend has been found guilty and was sentenced for DWI in Alaska. How many days does he have to appeal his conviction and who will hear it?
Reggie
Anchorage, AK
Your friend has twenty days to appeal his DWI conviction in Alaska to a higher court. His appeal will be heard by one Superior Court Judge who will rule in the DWI charge by reviewing the Trial Transcripts and written evidence presented to the lower court and at this point, no new evidence is presented. The court could not impose a more severe sentence than that imposed by the Municipal Court Judge. If your friend will be convicted again, he has forty five days to appeal to the Appellate Division which is a multi-Judge panel.
Once your friend has already filed an appeal, the process will begin for a formal change to the judge’s official decision. At this point, the Superior Court Judge will examine the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not. The higher court would normally be deferential to the lower court’s findings of fact, unless clearly erroneous, and so would focus on the court’s application of the law to those facts.
Failed DUI Test? Challenging DWI Tests in Alaska
Reader’s Question:
I got a DWI charge in Alaska after I failed several physical and chemicals tests done on me. What can a lawyer do for me to challenge the tests I did when I was arrested?
Henry
Anchorage, AK
Just because you failed the different tests administered on you when you got arrested for DWI in Alaska, it does not mean that a DWI conviction is 100% sure to follow. Field sobriety tests, for example are not sure science and more importantly, if you failed these tests, they are not a clear indication that you were under the influence or intoxicated at the time of driving. An experienced DWI lawyer could surely challenge if the tests are administered properly and could even go back to the location of the arrest to make sure that the tests are done in a suitable location.
Another challenge that could be brought up is with regard to the breath test machine. A good DWI lawyer could definitely challenge if the breath test machine that was used to administer your breath test was working properly. The results of these different tests could mean the difference between a reckless driving charge and a DWI charge. A good DWI lawyer would investigate every aspect of the tests that are administered on you to make sure that you get fair results that you deserve and help you find a way to keep your driver’s license.
Alaska DWI Arrest
Reader’s Question:
Driving home late last Saturday night, I was stopped for DWI by a police officer here in Anchorage, Alaska. He asked me to step out of the car and was requested to take a breathalyzer test and some field sobriety tests. I was then taken to the police station and charged with DWI. My breathalyzer result was just a little over the legal limit of .08. Is there a way for me to escape conviction?
Courtney
Anchorage, Alaska
We all know the seriousness of a DWI case and how it affects not only your insurance but you as an individual. It’s not surprising that many people feel helpless when facing a DWI charge because a majority of DWI-related arrests do lead to a subsequent conviction in court.
However, with so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, impossible as it may seem, you’re not that helpless after all.
Every state, with the exception of Massachusetts, considers a DWI offense as a crime. DWI is usually defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. Some states set the legal limit lower; most of these are at 0.08 percent.
If a solid justification to pull you over is not presented by the police officer to the courts, your DWI case in Anchorage, Alaska will most likely be dismissed. If the initial arrest was made without probable cause, prosecutors cannot obtain a conviction. The standard probable cause means that, in order to pull you over, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). This is a violation of your Constitutional rights and it immediately voids any evidence against you resulting from the arrest. So, it is important that you note the following details during the arrest:
- The place where you’re going
- The level of your own level of intoxication (if any)
- The reason given to you by the police officer why you’re stopped
-The things you’re asked to do by the police officer