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Thread: Can you explain the new DMV law

  1. #1
    buzzaro
    that requires the DMV to report DUI for 10 years instead of the previous 7? My question really is this: The Law reads that it is for the purpose of eligibility for the "good driver discount", but the violation is reported for 10 years, so is it still considered a DUI by insurance companies or merely disqualify you for the good driver? Do the two points remain on your record for the full 10? Thanks for any explanations, Ive been pretty confused by this.

  2. #2
    Wozencraft
    that requires the DMV to report DUI for 10 years instead of the previous 7? My question really is this: The Law reads that it is for the purpose of eligibility for the "good driver discount", but the violation is reported for 10 years, so is it still considered a DUI by insurance companies or merely disqualify you for the good driver? Do the two points remain on your record for the full 10? Thanks for any explanations, Ive been pretty confused by this.
    You have a valid question and a question I am asked often. The Good Driver Discount is a state mandated discount, which means that all insurance companies must abide by the same rules when allowing or taking away this discount. Not all states offer this discount program. California I believe is one of the few states that do offer this program. For now we will focus on California. As of January 1, 2007, If one gets a DUI (or a wet reckless) the DUI will remain on there record for 10 years (used to be 7 years). This means that one would lose there Good Driver Discount for 10 years. However, the violation (or points) surcharge would only stay on their insurance record for 3 years from the conviction date (not violation date).
    Let's Recap:
    - DUI or Wet Reckless charged 9/1/07
    - Insurance Surcharges apply for 3 years from conviction date, 9/1/10
    - Good Driver Discount lost for 10 years, 9/1/17
    Violation Date=the day you are pulled over and written up a citation.
    Conviction Date=the date you are officially charged by the court.
    The Conviction Date often gets in the way of points coming off our insurance record, thus lowering our insurance rates. For instance, one gets a citation today (Violation Date). They try and fight it and end up losing. Meanwhile, time is going by without starting the 3-year clock. Let's say 6 months from now comes the Conviction Date, due to fighting the citation. This chargeable violation (surcharge) would stay on your insurance record for 3.5 years due to the Conviction Date. I often tell my clients to pay their penalties ASAP in order to start the 3-year clock.
    Here is some other important information I found on the CA DMV Web site:
    If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
    * A first offense will result in a 4-month suspension.
    * A second or subsequent offense within 10 years will result in a 1-year suspension.
    If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

  3. #3
    buzzaro
    Thanks for your reply. I have another question though if you dont mind. How would a driving record compare (insurance wise) of having 1 speeding ticket (1 point) to a record of having a DUI 7 years ago (0 point with no good driver)? Specifically how would a corporate policy view this? Thanks again.

  4. #4
    Wozencraft
    Thanks for your reply. I have another question though if you dont mind. How would a driving record compare (insurance wise) of having 1 speeding ticket (1 point) to a record of having a DUI 7 years ago (0 point with no good driver)? Specifically how would a corporate policy view this? Thanks again.
    When you say "corporate policy" are you referring to a commercial insurance policy? For instance a commercial auto policy?
    As for the comparison, insurance rates on a person with 1 speed cite in the past 3 years or 1 DUI 7 years ago; Most likely the person with the DUI, NOT receiving the Good Driver discount will have the higher rate. I believe the Good Driver Discount is 20%. Surcharges for an accident or a minor violation should not exceed 20%, unless there are multiple accidents and/or violations.
    One other thing to note, you can also lose your California Good Driver discount with the following:
    - 2 or more accidents
    - 1 accident w/ bodily injuries or death
    - 2 or more minor violations
    - 1 or more major vilations
    * All items above are for past 3 years
    ** Accidents with no more than $750 paid out and no B/I will not count against you.
    If you or anyone else has more questions on this topic I recommend you look for more answers at www.dmv.ca.gov.
    I hope this helps. Let me know if you have any further questions.
    Devin Wozencraft

  5. #5
    buzzaro
    When I say "corporate policy", I mean a policy that belongs to a corporation to insure its employees while driving a company owned vehicle, so could be commericial yes. Im sorry, just dont know the correct term. Thanks again for your replies

  6. #6
    Cole Trickle
    When I say "corporate policy", I mean a policy that belongs to a corporation to insure its employees while driving a company owned vehicle, so could be commericial yes. Im sorry, just dont know the correct term. Thanks again for your replies
    Commercial is typically a different animal than personal lines insurance.
    Depending on the size of the fleet (some companies reuire 10+ cars/trucks) they typically don't charge extra for DUI's as long as you fall within there underwriting guidelines. Where you run into problems is if you have a record bad enough to force the entire risk into a pricier policy type.(Increases all the cars)
    I would check with your particular insurer to see what there qualifictions and limitations are.

  7. #7
    Wozencraft
    I concur. Commercial insurance is a separate animal than personal.
    Thanks for your input. Don't you owe me lunch next?
    Devin

  8. #8
    Cole Trickle
    I concur. Commercial insurance is a separate animal than personal.
    Thanks for your input. Don't you owe me lunch next?
    Devin
    You let me know when your ready!!
    I have a buy 1 get one free coupon for a taco bell 99 cent coupon j/k

  9. #9
    sanger rat
    What does Wet Reckless mean?

  10. #10
    Cole Trickle
    What does Wet Reckless mean?
    It means you got a DUI but had a really good lawyer
    Wet Reckless will be treated the same as a DUI for 3 years and then it's gone.(No 10 year no good driver)

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