Hit by a drunk driver and asked for legal aid 20

Like the situation you said. If he is not selfish, he is considered an attempted intentional homicide or intentional injury. He is one of the more egregious circumstances, and it is possible for 5 to 10 years.

The compensation may be the medical bills, and then pay some money. If it's private, there's no bottom to this, you have to look at his bottom line, and your bottom line. If you are injured on the way to work, you should be able to ask the unit for some money.

It's still private. Of course, if you can't swallow this breath, you can report the case to the public security investigation and procuratorate for prosecution for intentional homicide or intentional injury, with civil compensation attached, or you can file a civil lawsuit alone

1. "The owner of the car hit a taxi after drinking" is a traffic accident;

2. "The owner of the car came to hit my uncle for some purpose and then hit my uncle" is an intentional crime, which may be suspected of intentional homicide or intentional injury, but the main thing is to look at its subjective purpose, you should call the police, investigate its criminal responsibility, and file an attached civil lawsuit.

It is not recommended to go private, but consult a lawyer in person. If your uncle's family is in financial difficulty, you can seek help from the legal aid center of the local judicial bureau.

Go to your local judicial bureau and you will get legal aid if you meet the conditions.

1. How to deal with drunk driving collisions and injuries.

1. Drunk driving and injury shall be handled in the following ways:

1) If you drive a motor vehicle under the influence of alcohol, your driver's license will be suspended for 6 months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan will be imposed. If he drives under the influence of alcohol again, he shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have his driver's license revoked;

2) Driving a commercial vehicle under the influence of alcohol shall be detained for 15 days, fined 5,000 yuan, and the driver's license shall be revoked, and the driver's license shall not be re-obtained within 5 years.

2. Legal basis: Article 91 of the Road Traffic Safety Law of the People's Republic of China.

Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again shall be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked.

If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.

Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.

Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.

If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.

2. How to punish drunk driving and injuring people in a car crash.

The penalty standards for drunk driving and injuring people in a car crash are as follows:

1. Generally sentenced to fixed-term imprisonment of not more than three years or short-term detention;

2. Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

If a drunk driver hits and injures a person, if he is driving after drinking alcohol and injures a person, it constitutes the crime of causing a traffic accident and is punishable by fixed-term imprisonment of not more than three years or criminal detention.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents.

In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Driving a motor vehicle that is clearly known to be an unlicensed or scrapped motor vehicle;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Legal analysis: According to the laws of our country, if a drunk driver hits and injures a person, if it is seriously injured, it will be dealt with as the crime of causing a traffic accident, and if it is slightly injured, it will be punished with criminal detention and a fine according to the crime of dangerous driving.

Legal basis: Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents.

In any of the following circumstances, a person shall be sentenced to up to three years imprisonment or short-term detention: (1) Where one person is killed or three or more persons are seriously injured, and Sun Gao is wholly or primarily responsible for the accident; 2) Where three or more people are killed, they bear equal responsibility for the accident; 3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs; 2) Driving a motor vehicle without driving qualifications; 3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components; (4) Knowingly driving a motor vehicle without a license or has been scrapped; 5) Driving with serious overload; 6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133-1.

Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine: (1) Chasing and racing, and the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items 3 or 4 of the preceding paragraph, punishment shall be determined in accordance with the rules of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

How to deal with drunk driving and injuring people.

Drunk driving hits people is generally fully responsible, depending on the specific situation (except for the other party's wrong-way driving, running a red light and other violations), mainly based on the traffic police department made a traffic accident identification responsibility.

The party fully responsible for the traffic accident shall be liable for all losses. According to the provisions of the Road Traffic Safety Law and other relevant laws and the judicial interpretation of the Supreme People's Court, the traffic police department shall first determine the responsibility for the accident. The insurance company underwritten by the compulsory traffic insurance shall compensate within the limit of the liability of the third party, and the excess department shall then be compensated by the other party according to the determination of liability.

The insurance company and the other party are required to compensate for medical expenses, lost work expenses, hospitalization nursing expenses, hospital meal expenses, and transportation expenses. If the disability is caused, the compensation for disability, living expenses of dependents, and compensation for mental damages shall be determined according to the disability level after the disability evaluation.

Hello, I am Mr. Wu Jiaoyang, familiar with the business handling of the first department, familiar with various laws and regulations. I've seen your question, I'm sorting out the answer, it takes a little bit of typing time, please wait a moment

Question: Do you want to be detained?

Compensation refers to the items included in the compensation given by the perpetrator to the victim in a traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, death compensation, and mental injury solace.

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

The specific provisions are:

1. Have a fixed income = monthly income and the number of days in the month.

2. No fixed income = 365 (days) of lost time * average economic loss of employees in the same industry in the court in the previous year.

3. Nursing fee: Nursing period (days) * (50 100) yuan.

4. The actual expenses incurred in transportation expenses for medical treatment, hospital transfer** and handling of traffic accident related matters shall be based on official bills.

The economic level of the court (city) is determined].

5. Accommodation fee: Accommodation period (days) * (50 100) yuan.

6. Hospitalization meal subsidy: Hospitalization period (days) * 50 yuan per day.

7. Nutrition fee for supplemental nutrition (day) * (50 100) yuan per day (the doctor's discharge summary has the words "strengthen supplementary nutrition").

driving a motor vehicle while intoxicated, having his driver's license revoked, not being allowed to re-obtain a driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment; Driving a commercial motor vehicle while intoxicated shall have his driver's license revoked, and he shall not be allowed to re-obtain a driver's license for 10 years, and shall not be allowed to drive a commercial vehicle for life, and shall be sentenced to criminal detention and a fine after a judgment.

Drunk driving does not have to be detained, drunk driving must.

Question: A 70-year-old riding an electric tricycle hit a woman in her 60s.

I don't know if I want to be detained for drinking.

They have to pay for medical treatment.

Elderly people in their 70s should not be detained, as long as they are compensated for the corresponding medical expenses.

How to lose money. Just how to pay.

Legal Analysis: The victim shall promptly report to the police.

1. If a person escapes after causing a traffic accident and does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan and be detained for not more than 15 days.

2. Where driving a motor vehicle while intoxicated, causing a traffic accident and bearing full or primary responsibility for the accident, or fleeing after causing a traffic accident, but not constituting another crime, a heavier punishment is to be given in accordance with the provisions of paragraph 1 of Criminal Law article 133-1.

3. If the party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

4. Where a party intentionally destroys, falsifies, or destroys evidence, it bears full responsibility.

Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China Violating the provisions of road traffic safety laws and regulations; In the event of a major traffic accident, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.