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Questions Answered by David Nelson Jolly

1 Answer | Asked in DUI / DWI for Washington on

Q: If your dui deferred prosecution is revoked, is it possible to get EHM or work release instead of incarceration?

I was very close to finishing treatment but got behind on meetings and quit going. I didn't show for my compliance hearing because I was afraid of losing everything I had worked hard for. I had 2 non compliances from failed UA for weed. I had a medical card but the treatment center I was going to... Read more »

David Nelson Jolly answered on Jul 21, 2015

Work Release is always a possibility in lieu of Jail - assuming you are employed, your jurisdiction permits it, and you have no prior violent criminal convictions. Talk to your attorney or consult with an experienced local DUI lawyer.

http://www.whatcomdui.net

1 Answer | Asked in DUI / DWI for Washington on

Q: Why is a dui from 13 years ago effect a current dui

David Nelson Jolly answered on Jul 21, 2015

Technically a prior DUI 13 years ago should not affect a new charge - however - it does. Prosecutors believe there is a pattern (which is a real stretch) and Judges think you didn't learn from the last experience. The Legislature now believes you should be punished at your first court date and... Read more »

1 Answer | Asked in DUI / DWI for Washington on

Q: How to defend against a dui when the drug is ambien a sleep aid

David Nelson Jolly answered on Jul 21, 2015

Ugghh, Ambien is a horrible drug. Ultimately it comes down to evidence, whether the blood draw was done properly, the amount of ambien in your system, performance of SFSTs, and whether there was a DRE.

Learn more here:...
Read more »

1 Answer | Asked in DUI / DWI for Washington on

Q: Who approves you to leave the state for a job when you have two D.W.I.s

David Nelson Jolly answered on Jul 21, 2015

The Interstate Compact governs this law and ultimately, the Probation Department approves whether you can leave or not - which would probably demand you transfer probation to another State.

http://everett-dui.co/

1 Answer | Asked in DUI / DWI for Washington on

Q: Can courts in washington state choose which treatment agency they will accept Drug and alcohol assessments from?

David Nelson Jolly answered on Jul 21, 2015

Simple answer is no - the Courts cannot chose which specific agency. However, they will demand that the agency be certified in the State of Washington. Importantly though, if the Court does not agree with the agency's findings, they can demand another evaluation (but they cannot tell you which... Read more »

1 Answer | Asked in DUI / DWI for Washington on

Q: Do I still have a chance of delaying my license suspension, if I didn't act within the 20 days following my arrest?

I wasn't pulled over by an officer, I had already parked my vehicle on private property that belongs to family friends when I was approached by officers in Tulalip, WA. I refused field sobriety tests & breathalizer. They took me into custody, I took breathalizer at station. They released me... Read more »

David Nelson Jolly answered on Jul 21, 2015

The DOL is tough to deal with at the best of times. Obviously your question is old, but if you do not request a hearing within 20 days and the DOL received paperwork from the reporting officer, you have almost no chance at keeping your license. Sorry.

http://www.skagitduiattorneys.com/

1 Answer | Asked in DUI / DWI for Washington on

Q: If I had a tongue piercing in while blowing into the machine do they automatically have to throw out my case?

David Nelson Jolly answered on Jul 21, 2015

If you had a tongue piercing in your tongue when you blew into the BAC machine - you should have your BAC results tossed (suppressed). However, if the officer disagrees, then that is a different matter.

Importantly, even if the BAC results are suppressed, that does not mean the case is...
Read more »

1 Answer | Asked in DUI / DWI for Washington on

Q: I was in an auto accident alone, and was unconcious when my blood was drawn. 2 weeks later the police are asking for my

Medical records. Is it possible to block the police from the records even if they get a warrant?

David Nelson Jolly answered on Jul 21, 2015

This is an old question so I hope you have received legal counsel - but give law enforcement nothing. NOTHING. Unless they have a warrant, give them nothing. In case I am not clear, give them nothing. Also, talk to an attorney...immediately.

http://whatcomcriminaldefense.com

1 Answer | Asked in DUI / DWI for Washington on

Q: I am employed as a CDL-A driver and received speeding and DUI ticket then released with my license I in hand.Can still

egally Drive a commercial vehicle till my court appearance.

David Nelson Jolly answered on Jul 21, 2015

You will lose your CDL for one year (or a lifetime if you have a prior CDL suspension) if you lose the DOL hearing or are convicted of the DUI. Further, you will lose your CDL (for a period of less than one year) if the DUI is amended to Reckless Driving or Negligent Driving First Degree AND the... Read more »

1 Answer | Asked in DUI / DWI for California on

Q: I have a DUI conviction; was pulled over for DUI again 6 months later. I blew .05 this time. Will I get a 2nd DUI?

I live in California; My first/only DUI was in 2014; I heard I could get a 2nd DUI from the DMV even if I only blew a .05, is that true? I know I may be in trouble with Probation but what about the DMV if I wasn't "legally drunk". Help, and thank you

David Nelson Jolly answered on Jul 21, 2015

I am sorry to hear of your situation. Obviously the need for details is very important. For instance, you can be guilty of DUI if you are "impaired" by a combination of drugs and alcohol. Further, you can be guilty of DUI if you are impaired by alcohol, no matter the level. I would add that due... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on

Q: Are there repercussions for not completing the DUI assessment? Or will my license just not be reinstated?

Received a DUI in NC, but live in another state

David Nelson Jolly answered on Jul 21, 2015

The answer to this question depends on the State where this occurred. In my State, Washington, should you lose your license following a DUI you must get both an alcohol/drug assessment and complete an 8-hour ADIS class to reinstate your driving privilege. I would advise contact your State's... Read more »

1 Answer | Asked in Criminal Law for Washington on

Q: I have read that lawyers don't take contingency fee criminal cases why is this ?

David Nelson Jolly answered on Aug 26, 2014

The very simple answer to your question - why we don't take contingency fees in criminal cases - is very simple. Doing so may be considered unethical and it is not advised by the Washington State Bar Association. To avoid sanctions, we criminal defense attorneys avoid doing anything that may be... Read more »

1 Answer | Asked in Criminal Law for Washington on

Q: "friend" took several tools/equipment with a discounted price of $1250 has not made any payments. In WA, what can I do?

David Nelson Jolly answered on Aug 26, 2014

This set of facts is probably a civil matter and the perfect venue for this case is small claims court. Hopefully there is a written agreement and proof that the tools were taken but no money exchanged. It’s best to see your local municipal or district court in Washington for a small claims... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: Is T.C.A. 39-13-111 a felony or misdemeanor charge?

David Nelson Jolly answered on Aug 26, 2014

This statute could be either a misdemeanor felony. The statute cited simply defines domestic violence assault but gives it no classification - that would be a different but related statute.

Law Firm of David N. Jolly

http://www.skagitduilawyers.com/

1 Answer | Asked in Criminal Law for Washington on

Q: If I filed for a motion to dismiss on my right to speedy trial being violated during my case and no motion was mad..agai

Against my motion where would that leave.it standing.

David Nelson Jolly answered on Aug 26, 2014

Your right to a speedy trial is a constitutional right protected by the laws of this great nation. However, and frustratingly, it’s not quite as easy as that. In order to successfully have a motion to dismiss based on a violation of your speedy trial rights you must first object to the setting... Read more »

1 Answer | Asked in Criminal Law for Washington on

Q: Being charged with uttering threats to a police officer resisting arrest and mischief. Am I looking at jail time?

David Nelson Jolly answered on Aug 26, 2014

Every criminal charge in the State of Washington has the possibility of jail time. Typically the maximum penalties are either 90 days (for a misdemeanor) or 364 days of jail (for a gross misdemeanor). However, not all crimes have mandatory jail so it is conceivable that you may not receive any... Read more »

1 Answer | Asked in Criminal Law for Washington on

Q: i missed court to day what can i do

David Nelson Jolly answered on Aug 26, 2014

If you have very little (if any) criminal history and have no record of not appearing in court, you might be in luck. Contact the court immediately and explain that you missed your court date. They may be able to advise you how to remedy this situation by paying a small fee ($25 or $50) and... Read more »

1 Answer | Asked in Criminal Law for Washington on

Q: I was sentenced to EHM but I now have no place to do it. What do I do to take the jail time that was offered in court.

I have not started the EHM program yet so I have not violated yet and I don't want to.

David Nelson Jolly answered on Aug 26, 2014

If you are unable to perform electronic home monitoring the Jail and Court will understand … however, you must be careful that the conversion for EHM isn’t treated equally with jail. In other words, if you were sentenced to 30 days of EHM this should equal 2 days of jail based on the tried and... Read more »

1 Answer | Asked in Criminal Law for Washington on

Q: How long does a judge have jurisdiction on a misdemeanor charge after you plead guilty

David Nelson Jolly answered on Aug 26, 2014

Most misdemeanor offenses in Washington have 2 years of probation while Washington DUI convictions (or deferred prosecution) have 5 years of probation. However, there are many examples of the probationary period being less than the mentioned 2 or 5 years. As long as the probation period is the... Read more »

1 Answer | Asked in Criminal Law for Washington on

Q: Ifyour probation says you can't drink or do drugs, but your probation is over, can you continue to do so?

It was a domestic violence case and he still has one more court date until the case is completely closed

David Nelson Jolly answered on Aug 26, 2014

Probation has incredible powers so while you are probation, of any kind, do what they say and stay out of criminal trouble. It is also important to understand if you are actually on probation or not. Many confuse “inactive” (or unsupervised) probation as not probation, but it is. Most... Read more »

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