Questions Answered by Stan Glisson

Q: I’m a bit confused on the wording of this law in WA state: RCW 46.61.685

1 Answer | Asked in Criminal Law and Traffic Tickets for Washington on
Answered on Mar 26, 2019
Stan Glisson's answer
Correct - that crime is only committed if the engine is running.

Q: Still haven't paid two tickets from 8 months ago can I still hire a lawyer to have them dismissed?

1 Answer | Asked in Traffic Tickets for Washington on
Answered on Feb 21, 2019
Stan Glisson's answer
It is definitely not too late to hire a lawyer, but what they can do at this point might be limited.

Depending on the court, it may still be possible to get them withdrawn from collections, and back on a calendar in front of a judge to fight them. This is actually fairly common, but every court has it's own rules about what they will and won't allow. I would say consult with a lawyer who practices in the court where the tickets were filed and ask them what they can do.

Q: can i own a firearm if i have stayed out of trouble from 3/7/2006 with a vucsa : possession w/intent to manufacture

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Answered on Jan 22, 2019
Stan Glisson's answer
With the age of that case, you may well be eligible to have the conviction vacated and separately to have your firearms rights reinstated. I would talk to a lawyer who practices in the court where you were convicted. Have them review your case and see if you are eligible.

Q: I was involved in a liquor board sting. I was not given a ticket, citation, summons, any sort of notification to appear

1 Answer | Asked in Criminal Law and Municipal Law for Washington on
Answered on Jan 17, 2019
Stan Glisson's answer
Unfortunately this is not uncommon. Investigators send their report to the local prosecutor, who may take weeks or months to file a charge. The court sends a summons to whatever address they can find for you, and that is often an out of date address; could be the one you had the last time you got a speeding ticket for example.

You don't get the summons, so you don't appear at the first court date and they issue a warrant.

You should definitely get in contact with a lawyer who...

Q: So if I refuse a BAC test, I lose my license. But is that it? What are the other penalties in WA?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Dec 11, 2018
Stan Glisson's answer
Complex question, I'll try to make it short.

Administratively you MAY lose your license. If you have no priors, the DOL will revoke for a year unless you successfully appeal. You may be able to drive during the revocation if you install an interlock and apply for a restricted license. The DOL will also require high risk insurance for three years.

If you are charged with DUI and a refusal, the penalties (compared to blowing over the limit) all increase. No matter how high the...

Q: i was stopped for dui but blew a 0- i dont drink but i do take medications which caution about driving/operating equipme

2 Answers | Asked in DUI / DWI for Washington on
Answered on Nov 30, 2018
Stan Glisson's answer
I think you'll find right now it's going to be more than 8 weeks, probably more like 3-4 months. They test for whatever the officer asks them to. If he or she has reason to suspect certain drugs, they will just ask to screen for those. If they aren't sure, they can just request a full screen, which would be for anything on WSP's list of testable substances.

Then that report gets sent back to the officer, then forwarded to the prosecutor for review. They may take another month to review...

Q: How soon will my court date be after getting pulled over for drunk driving?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Nov 2, 2018
Stan Glisson's answer
In Washington the hearing is supposed to held the "next judicial day". Not all jurisdictions follow that rule though.

It is almost always within two weeks, unless the investigation involved a blood draw. The toxicology lab may take months to test a blood sample.

You should make sure that DOL has your current address, as that is the one the courts commonly use to tell you the court date.

Q: Received a voicemail saying there in a location order and a case # at my local court.

1 Answer | Asked in DUI / DWI for Washington on
Answered on Sep 10, 2018
Stan Glisson's answer
That number has too many digits, and the local court told you there is no record?

It's a scam. I would search Google for similar scams, that may ease your mind. You can always tell them to send you something in writing or ask where you can meet with someone in person, I'm sure they will decline.

Q: Are there ways you can get the results of a breath test excluded from a DUI trial?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Sep 6, 2018
Stan Glisson's answer
There isn't any one answer for all cases, but there are certainly legal challenges that can sometimes result in suppression of the test result from evidence. You would need to go over the specific facts of your case with an experienced DUI lawyer to know if you have any legal defenses to fall back on.

Q: Is it constitutional to require urine analysis upon demand prior to being found guilty?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Washington on
Answered on Aug 23, 2018
Stan Glisson's answer
Generally yes.

"the trial court erred when it determined that Wilson was unlikely to appear for future court dates and, accordingly, such a finding cannot support the trial court's imposition of weekly UAs for Wilson."

State v. Rose, 146 Wash. App. 439, 451, 191 P.3d 83, 89 (2008).

Circumstances can be different from case to case, but courts have generally agreed that conditions of pretrial release are limited, and don't include things like UAs, AA meetings, treatment...

Q: How much is a DWLS 3? How do you go about quashing a warrant?

1 Answer | Asked in Traffic Tickets for Washington on
Answered on Aug 20, 2018
Stan Glisson's answer
Different courts handle them differently. I have seen everything from $0 fine to over $900 in fines. If you can get relicensed, most courts will cut you a big break, maybe amend to a non criminal infraction or something similar to that.

You should call the court and ask their warrant quash procedure, every court is different. It would be a very good idea to talk to a local lawyer before you go in there.

Q: My wife was sexually assaulted and they charged him with indecent liberties incapable of consent. Can she sue him?

1 Answer | Asked in Criminal Law for Washington on
Answered on Aug 20, 2018
Stan Glisson's answer
Definitely. She should talk to a lawyer about what her financial damages might be and the best way to handle a potential suit against the perpetrators.

Q: What are the requirements to have my conviction appealed in Washington State?

1 Answer | Asked in Criminal Law for Washington on
Answered on Aug 14, 2018
Stan Glisson's answer
Most important is there is generally a 30 day time limit from the date of sentencing to file notice of appeal. The court should have given you a sheet with appeal instructions, but if they didn't then call the court and ask the clerk. Or of course call the attorney who represented you in the case, or another attorney who practices criminal law and appeals.

Q: Do you have to answer police questions during a DUI stop?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Jul 30, 2018
Stan Glisson's answer
"It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his or her name and address and the name and address of the owner of such vehicle, ... or to refuse upon demand of such police officer to produce his or her certificate of license registration of such vehicle, his or her insurance identification card, or his or her vehicle driver's license or to refuse to permit such officer to take any such license, card, or...

Q: How does an insurance company settle claims when their insured are both parties of an MVA? How do they "sue" themselves?

1 Answer | Asked in Car Accidents, Civil Litigation, Insurance Bad Faith and Insurance Defense for Washington on
Answered on Jul 26, 2018
Stan Glisson's answer
It's handled by different divisions within the company normally. Happens all the time, but I understand what you are saying; it looks like a clear conflict.

Then of course if her carrier pays some of her medical bills, it can require compensation from the other driver's insurer; yes, the same company.

If your friend isn't represented, she should talk to an attorney right away. Particularly in the one company scenario it is very easy for the injured person to get taken...

Q: Is it possible to get an exception for a DUI license suspension to get to school?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Jul 16, 2018
Stan Glisson's answer
Almost always, but will normally require an ignition interlock be installed in your car.

Start here:

https://www.dol.wa.gov/driverslicense/iil.html

Q: Do you have to go to rehab after a first-time DUI?

2 Answers | Asked in DUI / DWI for Washington on
Answered on Jul 2, 2018
Stan Glisson's answer
It depends on how the case is resolved. If the person is convicted, WA law requires an evaluation for treatment. The evaluation can recommend anything from a one day alcohol / drug information school, up to two years of treatment.

Different types of resolutions (diversion, deferred prosecution) have different treatment requirements.

Q: I want to have a 40 year felony record expunged. How do go about doing that?

1 Answer | Asked in Criminal Law for Washington on
Answered on May 31, 2018
Stan Glisson's answer
I would contact a criminal defense lawyer who practices near the courthouse where the conviction was entered. They can tell you if your particular case is eligible to be expunged, and how the process works.

If you are eligible, it can normally be done in less than a month.

Q: Is there statute of limitations on having an interlock device?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Apr 19, 2018
Stan Glisson's answer
That sounds right, the four month requirement would apply to someone in that situation. It's too bad you got wrong information from them in 2015, but based on what you have said I would expect you to have the four month requirement. I can't say for sure without looking at your history and your drivers' abstract.

As for the requirement ever running out or expiring, no it won't. It will never come off your license until it's completed.

Q: i'm 16 got a ticket for violation of my permit, no insurance and 30 over. Can i pay the ticket without a parent?

1 Answer | Asked in Traffic Tickets for Washington on
Answered on Apr 19, 2018
Stan Glisson's answer
If you went to the courthouse and paid the ticket, there is no reason anything would ever be sent to your house by the court. However, DOL will likely mail you a warning letter for having an infraction appear on your record.

Plus, your intermediate license will get revoked if you get two infractions before you are 18. Therefore you really should talk to a lawyer about how to keep this one off your record. If you were to get a second one, it might be too late.

Best advice is...

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