Car lawyer

Drunk driving is a serious traffic offense that can have major consequences, both legal and personal, and in the worst case, it can lead to personal injury. If you have been caught drunk driving, it is important to understand your rights and obligations, and how a lawyer can help you through the process. In this article, we will give you an overview of what happens after a drunk driving conviction and why it may be a good idea to contact a lawyer who specializes in such cases.

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What is drink driving?

Drunk driving means that you are driving a motor vehicle with a blood alcohol content that exceeds the legal limit in Norway. The limit for drunk driving is 0.2 per mille. This means that even small amounts of alcohol can lead to an offence.

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The limits also apply to drugs other than alcohol, and any possible influence can be assessed through a blood test or medical examination.

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What happens when you get caught for drunk driving?

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1. Stopped by the police

The police may stop you for a check if they suspect you are driving under the influence or are conducting routine checks. If you test positive for a breathalyzer test, you may be asked to take a blood sample to determine your exact blood alcohol level.

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2. Confiscation of driving license

In most cases, the police will confiscate your driver's license on the spot if you have been caught driving under the influence of alcohol. The confiscation of your driver's license is temporary until a final decision is made in the case. The final length of the confiscation depends on the alcohol level and the severity of the situation.

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You can always refuse to accept the seizure on the spot. The question of whether to seize will then be sent for legal consideration in court, and a judge will take a final position on whether the driver's license should be temporarily seized. A temporary seizure lasts until the case has been finally decided by the court in a substantive matter. As a starting point, we recommend that you refuse to accept the seizure if you are unsure of the situation, so that the question is tried in court. You can always change your mind and accept the seizure afterwards.

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3. Charge and fine

You will receive a charge of drunk driving. This can result in fines, a suspension of your driver's license, and in some cases, imprisonment. The size of the fine and other consequences depend on the blood alcohol level, any damage you have caused, and whether you have previous convictions for similar violations.

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4. Legal proceedings

For serious cases, the case may end up in court, where you can receive a sentence based on the circumstances surrounding the violation.

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Consequences of drink-driving

Being caught driving under the influence can have both short-term and long-term consequences:

• Fine: Usually calculated based on your income and the severity of the incident.
• Driver's license seizure: Duration depends on the blood alcohol level, from several months to several years.
• Prison sentence: Common for high blood alcohol levels or in cases where drunk driving has caused harm or danger to others.
• Dots on your criminal record: Can affect your ability to apply for a job or travel to certain countries.
• Financial consequences: The insurance company may claim compensation for damages you have caused, and it can be expensive to get your driver's license back after the suspension period ends.

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Why contact a lawyer?

A lawyer with experience in drunk driving can help you understand your rights and possibly get a reduced sentence. This may include:

• Evidence assessment: A lawyer can examine whether police procedures were followed correctly during the stop. Any errors may be important to your case.
• Reduction of sentence: An experienced lawyer can argue for a lighter sentence, such as a reduced fine or shorter driver's license suspension.
• Guidance in court: If your case ends up in court, a lawyer will represent you and ensure that your side of the case is clearly presented.

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How is the blood alcohol level assessed?

The penalty for drunk driving varies with the blood alcohol level:

• 0.2–0.5 per mille: Fine and possible driver's license suspension for up to one year.
• 0.5–1.2 per mille: Higher fine, driver's license confiscation and possible imprisonment of up to three months.
• Above 1.2 per thousand: Prison sentence of at least 21 days, significant fine and longer driver's license suspension.

If the drunk driving has led to a traffic accident or injury to others, this will further increase the penalty.

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Tips if you are caught drunk driving

1. Cooperation with the police: It is important to act politely and cooperatively during the check.
2. Do not accept that your driver's license be confiscated on the spot: The case will then be brought to court, and a judge will decide whether the conditions for confiscation are met.
3. Contact a lawyer as soon as possible: A lawyer can give you advice from the very beginning of the case, which can be crucial to the outcome.
4. Avoid repetition: Show a willingness to correct your mistake, for example by participating in alcohol programs or demonstrating positive change.

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Summary

Drunk driving is a serious offense that can have major consequences for both you and others. By contacting an experienced lawyer , you can get the help you need to handle the case in the best possible way. We at Insa lawyers have extensive experience with driver's license confiscation and drunk driving , and can assist you throughout the entire process, from the police investigation to a possible trial, and ensure that your rights are protected.

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Remember that prevention is better than ending up in such a situation. Avoid getting behind the wheel if you have drunk alcohol, and take responsibility for your own safety and that of others on the road.

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Discovering hidden defects and defects after purchasing a car can be frustrating and costly. Fortunately, Norwegian law gives you, the buyer, certain rights in such situations. Here is an overview of what you should know and how you can proceed:

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What are hidden defects and deficiencies?

Hidden defects and defects refer to problems with the car that were not visible or known at the time of purchase, and that affect the value or functionality of the car. This can include mechanical defects, electrical problems, or structural damage that was not discovered during a routine inspection.

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Your rights as a buyer

Your rights depend on whether you bought the car from a private individual or a dealer:

• Purchase from a retailer: The Consumer Purchase Act applies and gives you a five-year period to file a complaint. You must report the defect within a reasonable time after you discovered it, normally within two months.
• Purchase from a private individual: The Norwegian Sales Act applies, with a two-year warranty period. Here too, you must report the defect within a reasonable time after you discovered it.

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How to deal with hidden errors and defects

1. Document the fault: Take photos, videos and write down details of the problem. An independent assessment from a repair shop can strengthen your case.
2. Contact the seller in writing: Inform the seller of the defect as soon as possible and state what you want: repair, price reduction or cancellation of the purchase. Written communication provides proof that you have made a complaint within the deadline.
3. Give the seller the opportunity to correct the error: The seller usually has the right to attempt to correct the error before considering other measures. This must be done without significant inconvenience to you and within a reasonable time.

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When can you cancel your purchase?

Cancellation of the purchase means that the agreement is cancelled, and both parties return what they have received. This is applicable when:

• Material defect: The defect is so serious that it constitutes a material breach of contract.
• Failure to rectify: The seller has failed to rectify the error after repeated attempts or within a reasonable time.

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What about “as is” reservations?

Many used cars are sold with the condition “as is”. This limits the seller’s liability, but does not completely exempt them. You can still make a claim if:

• Misinformation: Seller has provided incorrect information.
• Withheld information: Important information about the car's condition has been withheld.
• Significantly worse condition: The car is in significantly worse condition than you could reasonably expect.

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Seek legal assistance if necessary.

If you cannot reach an agreement with the seller, it may be a good idea to contact a lawyer with experience in purchase law . Many insurance policies cover legal fees in such cases. Book a free, no-obligation meeting with one of our car lawyers.

Losing your driver's license can have major consequences for your daily life, whether it concerns your job, family obligations or other important activities. A driver's license suspension can be imposed as a result of various situations, such as drunk driving or speeding. If you find yourself in such a situation, it is important to know what your rights are, and it can be useful to know how an experienced lawyer can assist you.

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What is a driver's license seizure?

A driver's license suspension means that the police temporarily take away your right to drive a car. The driver's license suspension is temporary until a final decision is made in the case. The final length of the suspension depends on the offense and the severity of the situation.

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A driver's license seizure usually occurs if you have violated the Road Traffic Act or other rules that endanger traffic safety. The police can temporarily seize your driver's license on the spot if they believe there are sufficient grounds for doing so.

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You can always refuse to accept the seizure on the spot. The question of whether to seize will then be sent for legal consideration in court, and a judge will take a final position on whether the driver's license should be temporarily seized. A temporary seizure lasts until the case has been finally decided by the court in a substantive matter. As a starting point, we recommend that you refuse to accept the seizure if you are unsure of the situation, so that the question is tried in court. You can always change your mind and accept the seizure afterwards.

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Some of the most common reasons for driver's license suspension include:

• High speed: Driving that significantly exceeds the speed limit.
• Driving under the influence of alcohol: Driving with a blood alcohol level higher than the legal limit of 0.2.
• Reckless driving: Driving that endangers the life or health of others.
• Points on your driver's license: Accumulation of points can lead to temporary loss of your driving license.

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What happens when your driver's license is confiscated?

1. On-site seizure:

The police can temporarily seize your driving license on the spot if they believe there is reasonable cause to suspect you of a criminal offense that could result in the loss of your driving license. You will receive a receipt as confirmation of the seizure.

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2. Assessment of the prosecution:

The seizure is then sent to the prosecution, which considers whether the driver's license should be temporarily revoked or whether the case should be brought to court.

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3. Refusal to accept the seizure/Right of appeal:

If you disagree with the seizure, you can

1. refuse to accept the seizure on the spot. In that case, the question of seizure will be sent directly to the court, and a judge will decide whether the conditions for seizure are met. You will keep your driver's license until the judge makes a decision
2. appeal afterwards. The appeal is processed by the district court, which decides whether the seizure is maintained or not. During the period the court takes to decide on the seizure, you will not have a driver's license

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4. Duration of the seizure:

The final duration of the driving license suspension is largely determined by the severity of the offense. For example, a suspension due to speeding can last from a few months to over a year.

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When should you contact a lawyer?

It is always a good idea to contact a lawyer as soon as your driver's license is seized, especially if:

• You disagree with the police's assessment.
• The driver's license seizure creates significant problems for you, for example in connection with work or health.
• You want to appeal the seizure to the district court.

An experienced lawyer can:

• Assess your case: The lawyer can review documentation and evidence to assess whether the police seizure was legal.
• Negotiate with the prosecution: In some cases, the lawyer may argue for a shorter seizure period or alternative solutions.
• Represent you in court: If the case goes to the district court, the lawyer will present your case and argue that your driver's license should be returned.

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Frequently asked questions about driver's license seizures

1. Do I have to accept that my driver's license will be confiscated by the police?

No, you do not have to accept a driver's license seizure on the spot. If you refuse, the case will be brought to court, and a judge will decide whether the conditions for seizure are met. We recommend that you refuse the seizure as a clear starting point, and contact a lawyer to consider the way forward.

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2. Can I get my driver's license back while the case is being processed?

Yes, in some cases your lawyer can apply for a temporary driver's license, for example if you are dependent on it to perform your job.

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3. What happens if I drive without a license after a seizure?

Driving without a valid driver's license is a serious offense that can lead to more severe penalties, including longer driving bans and fines.

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4. How does the court assess a complaint?

The district court considers whether there are sufficient grounds for the seizure. The court takes into account, among other things, the seriousness of the offense and whether there is a risk of repetition.

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Consequences of driver's license seizure

Losing your driver's license can have major consequences, including:

• Loss of income: Many people depend on their driver's license for work, for example as professional drivers or when commuting.
• Increased time consumption: Everyday life can become more demanding without a car, especially if you live in areas with limited public transportation.
• Financial consequences: Loss of a driver's license can lead to higher insurance costs and other financial burdens.

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How Insa lawyers can help you

At Insa advokater, we have extensive experience assisting clients in cases involving driver's license confiscation. We understand how important your driver's license is to your everyday life and work to ensure that your rights are protected. Our experience includes:

• Appeal against driver's license seizure
• Defense in cases of drunk driving and speeding
• Negotiations with the police and the prosecution

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We provide you with clear advice and represent you throughout the entire process, whether the case is resolved out of court or goes to court.

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Summary

Driving license confiscation can be a stressful experience, but you are not alone. By contacting a lawyer who is an expert in driving license cases , you can get help to appeal the confiscation or reduce its duration. Insa lawyers have the experience and expertise needed to ensure a fair handling of your case.

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If your driver's license has been confiscated, contact us today for a no-obligation assessment of your case. Your safety on the road starts with us.