my son had a dui and hit a utility pole we just got a 1400.00 bill from charter cabe sayin he damaged chater lines the charges look totaly bogus what happens if we dot pay it.
The District Attorney will be looking for restitution along with the outcome of the OUI charges in the criminal court. You have the right to challenge the estimate and perhaps even the accident itself. You certainly should have a good Criminal Defense Attorney who specializes in OUIs for the criminal charge. He or she should also be able to advise you on the payment of damages for the utility pole. If you think that the cost is inflated, you are entitled to a restitution hearing in which the bill is contested. If your son wasn't intoxicated, perhaps there were other reasons why the pole came down. Perhaps the road was icy and not plowed (DPW issue). Maybe someone else forced your son off of the road, etc. I don't know the facts of your son's case so I can not advise you particularly. Get a good lawyer. Remeber, like in many areas of life, you get what you pay for when you hire an attorney. This is not the place to scrimp or look for bargains. Your son may pay a much higher price in the long run if he takes short cuts here and now.
I agree with Attorney Casale's answer to this question. I would also add that Charter may be approaching your son on the civil side of the law. If your insurance company pays for the damage, or you resolve it in some other way be sure to document how it is handled.
Recently a case was brought in front of a judge by a prosecutor that involved restitution. The case was based on a reckless operation charge where a woman hit a pedestrian and plead out to the criminal charge. In the process she was sued civilly by the victim. Her insurance company paid $23,000.00 as a settlement and release of claims. That, however, did not stop the prosecutor from bringing the restitution matter forward and this defendant paid twice.
In short, you should follow up by calling an attorney. I recommend that you contact Attorney Casale as he's not far from your location. He has a great reputation and I would refer clients to him that were in his county of practice.
The district attorney would likely pursue restitution in the criminal case; also, the company could take out a civil complaint and sue your son for the damages. the company would probably prefer the restitution be ordered in the criminal case so that if your son, resolves his case and his placed on probation he could be violated on his probation if he did not pay the restitution. if he prevails in the DUI, the company would be left with filing a civil action.
Get free answers from experienced attorneys.
25,662 answers this week
2,672 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary