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... Read more »
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.
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...Read more »
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.
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...Read more »
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... Read more »
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.
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 »
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.
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 »
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
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...Read more »
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 »
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...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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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