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Questions Answered by Jason Powers
1 Answer | Asked in Criminal Law for Washington on
Q: Due to drinking I only remember bits and pieces of the assault, can I be charged for not remembering everything?

I do have a black eye though.

Jason Powers
PREMIUM
Jason Powers
answered on Jul 26, 2017

You can be charged if someone has personal knowledge of the incident. This can be the person who hit you or some random dude on the street. Your memory will not matter much to law enforcement who are investigating it. Since you don't remember everything it would be a good idea for you not... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: What can be done when a judge decides to make an example of a first time offender with no criminal history?

The defendant plead guilty to speeding to try and get away from a police officer pursuit, at speeds of 80mph with a moment of 110mph on a country road of 40-50mph speed limits. It ended with no one injured, but small damage to both cars. They have no criminal history. There were no drugs or alcohol... Read more »

Jason Powers
PREMIUM
Jason Powers
answered on Jul 26, 2017

A judge is able to sentence someone to a "standard range" of time in custody. This range depends on the type of charge and a person's criminal history. Each case is different and it is up to the defense lawyer to show why your case is different, or not, and not be made into an... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: If an officer wants me to take a field sobriety test, can I insist on having my lawyer present?
Jason Powers
PREMIUM
Jason Powers
answered on Jul 26, 2017

You can try and request this but the officer is under no obligation to do it. Most likely, you will be told that is not mandatory and you can either do the tests now or it will be taken as a refusal. That refusal, of course, can later be used against you at trial as proof that you thought you... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: in the state of Washington can a field sobriety test be refused
Jason Powers
PREMIUM
Jason Powers
answered on Jul 26, 2017

Yes. The Field Sobriety Tests (FSTs) are voluntary. The prosecution can, however, argue that the fact the FST was refused is due to the fact the driver did not want to take them because they would fail. This is called "concsciousness of guilt." Since the FSTs are difficult to complete... Read more »

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