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Questions Answered by Jason Powers

2 Answers | Asked in DUI / DWI for Washington on

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

when blood is taken to determine dui results it takes 8 weeks for the results to come back from the lab. why so long and exactly what all is it tested for?

Jason Powers answered on Nov 29, 2018

There is a backlog of blood tests at the Washington State Patrol. It seems to take at least four months for the blood to be tested. When it is tested, the lab will check for substances that could affect driving and/or illegal.

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2 Answers | Asked in DUI / DWI for Washington on

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

Jason Powers answered on Jun 29, 2018

If you are convicted of a DUI, or a DUI related offense in Washington state, the court will order you to obtain an assessment to determine if you need any sort of alcohol treatment. The amount of treatment, or rehab, will be based upon that assessment. Some people are ordered to do a one day class... Read more »

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2 Answers | Asked in Criminal Law for Washington on

Q: Felony harrassment Washington state

Our neighbor shot our dog 12/30/2016. We haven't seen or talked to him since. We received a felony harrassment charge in the mail today. The day he shot our dog my husband did threaten him, but that was over a year ago. How can he file this now?

Jason Powers answered on Apr 16, 2018

Yes. The charge was actually filed by the State, not the neighbor. At some point your neighbor reported the threat to the police. For whatever reason the prosecutor took a long time to file it. The Statute of Limitations for Felony Harassment is three years. So, even though it was filed over a... Read more »

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1 Answer | Asked in Criminal Law for Washington on

Q: Washington its been 7 months since daughter 14 got in fight at school. Now got charges from state . is that legal

Jason Powers answered on Mar 8, 2018

Yes. The state has a time period, called a Statute of Limitations, that defines how long the prosecutor can wait to file a charge. For Assault 4 charges (the basic form of Assault in Washington) it is two years. This applies to everyone, including juveniles.

1 Answer | Asked in Domestic Violence for Washington on

Q: So my bf got arrested for domestic violence but i never pressed charge its the State but will that lead him to jail?

Jason Powers answered on Feb 8, 2018

The State will be prosecuting him. Once a person calls 911, or maybe someone else did, and the police get involved you do not have the power to press charges. The prosecutor may take your thoughts into consideration on how the case is resolved. If your request is counter to what they think should... Read more »

1 Answer | Asked in Domestic Violence for Washington on

Q: Hello - My Father was convicted of a domestic violence charge over 20 years ago. Can this be expunged?

His ex-wife who had him arrested is even willing to appear in court with him because she knows that what actually happened back then in no way justified a DV charge and subsequent conviction....Please advise....Thank you

Jason Powers answered on Nov 25, 2017

He may be able to have the charge vacated. More facts are needed such as what type of DV charge? Was it a felony or misdemeanor? Were the terms of probation completed? If the DV charge was a misdemeanor, the answer is probably. If it was a felony it may be vacated depending on the charge. I... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on

Q: How can I (victim) terminate a no contact order if it's set for 47 years? We have 3 kids & his first conviction.

My husband and I have been married for 5 years 3 children under 8. First we had a verbal disagreement he was ordered to stay away for 8 years. Now a few months later he was caught in violation of the plan. Also there was contact with me but NO hitting punching slapping. He was ordered to stay... Read more »

Jason Powers answered on Nov 19, 2017

As the protected party you will need to go before the court that issued the NCO. Some of the procedure depends on if the order was issued via a criminal case, an anti-harassment case or a family law matter. If the NCO a final order or pending the outcome of a criminal trial or divorce decree?... Read more »

1 Answer | Asked in DUI / DWI and Criminal Law for Washington on

Q: Can a county judge in district court deny use of medical marijuana ?

Jason Powers answered on Nov 3, 2017

Yes. Some courts deny a person on either pretrial supervision or probation to abstain, even if medical. Since the law was changed to legalize marijuana that has been on the decrease. If it happens a person may need to get proof from their doctor and provide it to the court.

1 Answer | Asked in Domestic Violence for Washington on

Q: What happens if the person who filed a restraining order violates it? And what happens if the person filed on responds?

Jason Powers answered on Nov 3, 2017

A restraining order forbids the restrained party from violating its' conditions. The party who sought the order is not under any restraints. That means if the person who filed the order contacts the restrained person nothing will happen to them. The restrained party till cannot contact that... Read more »

1 Answer | Asked in DUI / DWI for Washington on

Q: Am I required by law to submit to a breathalyzer test if I'm pulled over for suspected drunk driving or can I refuse

without consequences?

Jason Powers answered on Oct 10, 2017

You can refuse to take the Preliminary Breath Test (which is done on the scene) and the BAC test back at the station. There are consequences to refusing both. If you refuse the first test, the prosecutor will try and argue the refusal was due to wanting to hide a positive alcohol reading. The... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for Washington on

Q: Mother arrested for 2nd offence DUI, she ran a red light and was struck by a vehicle, she denied her breathalyzer.

How much would it cost to get her out and would we need the money up front? What would the process be like?

Jason Powers answered on Sep 21, 2017

The cost to get her out (I assume you mean out of jail) is the bail amount. Check the website of the jail she is being held in and you should find the bail as it is set. If you do not have the full amount you can post 10% if you go through a bond company. Most bond companies are very efficient... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on

Q: I was accused of pushing my disabled my disabled spouse what happens next

Someone accused me of pushing my wife. Both my wife and i are disabled. Aps came into our home and interviewed both she and I. later on, the same day, the cops were called, and did a wellness check. They said, " no sign of abuse." What happens next?

Jason Powers answered on Sep 6, 2017

The next step is for a prosecutor to review the case for a charging decision. That can be quick or a lengthy period of time. If the decision is made to prosecute you will receive notice in the mail. This notice will tell you in which court to appear and what charges you face. If the prosecutor... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Washington on

Q: My husband and I are getting a divore after 3 years of marriage because he is seeing someone else. I left the house

Because he goes to see her and stays gone all not and i did not want to see him do that in front of me. Do I have a right to go back to live at the house

Jason Powers answered on Sep 6, 2017

Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Washington on

Q: Would a lawyer be able to drop my case?

Few years back my girlfriend and I were drinking at a bar, and we started arguing, there was many cops there (they have video evidence) and i got arrested for 4th degree domestic assault. We got issued a no contact order, which the judge dropped on my court date. I was told I need to go to a... Read more »

Jason Powers answered on Sep 5, 2017

If the court already ordered that the classes need to be completed than I doubt a lawyer will be able to convince the court to drop it. The court may become frustrated that the order was not followed and order the case closed provided you get penalized. It would be a good idea to speak to an... Read more »

2 Answers | Asked in DUI / DWI for Washington on

Q: Can I refuse a breathalyzer test if I'm pulled over on suspicion of DUI?

Jason Powers answered on Sep 1, 2017

Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also,... Read more »

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2 Answers | Asked in Divorce, Personal Injury and Criminal Law for Washington on

Q: My husband burnt down our home on July 11th and I would like to divorce him . He is in jail for first degree arson

Jason Powers answered on Aug 16, 2017

There is nothing to stop you. You can have the papers served to your husband if he is in custody. I am not sure your post has a specific question. In most counties there is a Family Law Facilitator with whom you can make an appointment. They will outline the process. Or, you can hire an... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for Washington on

Q: Was charged with a DUI in 2006 I live out of state how do I resolve it

Shortly after I got in a wreck and suffered a tbi and after a coma I was released from the hospital and went home to ga having no memory of the DUI went to get my motorcycle permit and was informed I cannot due to a DUI conviction in 2008 and since have had medical reasons to wait so long how do I... Read more »

Jason Powers answered on Aug 11, 2017

Contact Washington Department of Licensing. Ask the them the reason for the hold on your license. It is likely due to a warrant being issued on the DUI case from the court in which it was filed. Your license could also be held up due to an administrative suspension that was imposed by DOL. That... Read more »

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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 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 to... 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 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 example. If the... 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 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 »

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