1. How much is the lawyer's fee for a simple drunk driving case?
The lawyer's fee for drunk driving is about 5,000-30,000 yuan, depending on the complexity involved: whether there is escape, refusal to cooperate with the inspection, property loss, and whether the parties have repented; The lawyer's professional ability and other factors. Lawyers' agency fees vary from place to place, and the specific fees of different lawyers are different, which should be determined through consultation with lawyers. The lawyer's fee is generally calculated according to the proportion of the amount involved in the case and the local lawyer's service standard. According to the nature, cause and complexity of the case.
Article 9 of the Measures for the Administration of Lawyers' Service Fees
The fees for lawyer services with market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 22 of the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents (revised 20 19)
Under any of the following circumstances, the insurance company shall pay the rescue expenses in advance within the liability limit of compulsory motor vehicle traffic accident liability insurance, and have the right to recover from the victims:
(a) the driver has not obtained the driving qualification or is drunk;
(2) The insured motor vehicle was stolen during the accident;
(3) The insured intentionally creates a road traffic accident. Under any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs and property losses are caused to the victim, the insurance company shall not be liable for compensation.
Second, is drunk driving a crime?
Not all drunk drivers will be sentenced. Drunk driving refers to the behavior of driving a motor vehicle when the alcohol content in the driver's blood is greater than or equal to 80mg/ 100mL and he completely or partially loses his will. Take Shanghai as an example: if the blood alcohol content is below 100mg/ 100ml, and the perpetrator is a first-time offender, has confessed or repented, and has not caused other loss consequences, it can be considered as a minor crime and exempted from criminal punishment; If the circumstances are obviously minor and will not cause great harm, it will not be treated as a crime. Therefore, people who exceed 100 mg/100 ml will be sentenced.
Third, how to judge drunk driving
1, the maximum legal penalty is 6 months of criminal detention.
2. Starting point of sentencing: to be determined within one to two months of criminal detention.
3. The defendant's drunkenness, motor vehicle type, vehicle driving road, driving speed, whether it caused actual damage, confession and repentance, etc. It should be considered comprehensively to accurately convict and sentence. Shanghai has determined that the starting point of sentencing for drunk driving is 1-2 months of criminal detention. At the same time, it is stipulated that on the basis of the starting point of sentencing, the amount of punishment should be increased according to other criminal facts that affect the composition of the crime, and the benchmark punishment should be determined. If the blood alcohol content reaches more than 80mg/ 100mL, the prison term will be 15 days for every 30 ml increase in blood alcohol content.
4. Shanghai's heavier penalties for drunk driving (generally more than 3 months of criminal detention) are as follows:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or escaping after the traffic accident, which does not constitute other crimes;
(2) Driving on expressways and urban expressways;
(three) driving a motor vehicle to carry passengers;
(4) There are other serious illegal acts that can be severely punished, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, using forged or altered motor vehicle license plates, etc.
(5) Evading, resisting or obstructing the inspection by public security organs according to law, which does not constitute other crimes;
(6) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(seven) other circumstances that can be severely punished.