Washington Questions & Answers by Practice Area


Washington Questions & Answers

Q: If another driver hit my car but I was driving without chains in the snow will that limit their liability?

1 Answer | Asked in Personal Injury for Washington on
Answered on Mar 24, 2017

Not necessarily. The other driver's insurance company or attorney can always claim that you were somehow negligent, and that contributed to the cause of the collision. If that's the case, then yes, your damages can be reduced proportionate to your responsibility for the crash.

But that doesn't just happen automatically; it's the job of your lawyer to argue that. It will be influenced by the specific facts of your case, how and where the crash happened, how bad the road conditions were....
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Q: Does the law recognize different levels of intoxication and penalize accordingly?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Mar 20, 2017

Sort of.

In Washington, there is a mandatory minimum penalty for a DUI, which generally means a breath or blood test over .08. There is a harsher sentence if the breath or blood test comes back higher than .15. After that, the law doesn't make any distinction.

Judges will commonly impose harsher sentences on higher BAC cases, but the law doesn't require it.
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Q: How can I get a license for firearm if I am a convicted felon

1 Answer | Asked in Criminal Law for Washington on
Answered on Mar 20, 2017

The only way is probably to file a motion to vacate the conviction, and then go through the civil process of restoring civil rights.

Depending on what level of felony it was, and how long ago, you may qualify. Contact a lawyer in your area, they can take a look at your history and tell you if you are eligible or not.
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Q: When was Washington State's RCW 48.17.597 first initiated into law and when was it revised?

1 Answer | Asked in Gov & Administrative Law for Washington on
Answered on Mar 17, 2017

Passed in 2007 with an effective date of July 1, 2009. See http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/5715-S.SL.pdf
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Q: if i was giving a 2 year lic suspension from the court for a dui conviction can the dol give me a 900 day suspension?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Mar 16, 2017

The revocation that comes from the conviction and the revocation that comes administratively from the DOL can be different, absolutely.

Could it have been the other way around, 900 days for the conviction and 2 years from DOL? That would make sense on a second offense with a refusal allegation.

The DOL has charts that you can refer to, but the lawyer who represented you really should be able to explain what happened if you still have questions....
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Q: The DOL is treating me as though have two DUI's. I've never had one. What should I do? They won't listen to the courts.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Washington on
Answered on Mar 13, 2017

I think most lawyers would need to look at your driver's abstract and any court history you might have to answer your question.

Call someone in your area who does DUI work. If you give them your information, they can help you make sense out of it.
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Q: Can it affect A plea agreement if the official police report includes a citation that doesn't match the original?

1 Answer | Asked in Criminal Law for Washington on
Answered on Mar 13, 2017

Generally, once you have entered your contract you have waived those types of challenges.

But if you want an answer to your questions, you should take all the documents to a lawyer and have them examined. It's possible that you still have a basis to challenge the case, but hard to tell without reading the actual documents.
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Q: How do I tell if my competitor has a patent and what that patent entails?

1 Answer | Asked in Patents for Washington on
Answered on Mar 11, 2017

How do you tell? It is not easy to do so without hiring a professional to do it, but here are some steps that you can take yourself.

(1) Products need to have some sort of patent markings to give notice to potential infringers. With software, take a look at their website, at the shrink wrap agreement, etc.

(2) Go to their website, look at their terms page, or policy page, etc., such as http://quikshow.com/terms.html . There you’ll find the name of the company who owns the...
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Q: my mother passed away and left her home I have two other brothers and you didn't want the house so they gave they signed

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Washington on
Answered on Mar 10, 2017

I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is written) and THEN file quit claim deeds and begin renegotiating the mortgage.

There isn't a 'short cut' that can avoid probate unless things were put in motion before your mother died.

It sounds...
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Q: In Washington state how many days do the police have to obtain a search warrant for a vehical after it has been siezed?

1 Answer | Asked in Criminal Law for Washington on
Answered on Mar 9, 2017

There is no Washington case law that tells exactly how long an officer may hold a vehicle pending issuance of a warrant. However, there is some out of state case law that suggests 48 hours, and Washington cases have suggested that is a good standard. But for now, as long as there is probable cause to believe that a search of the car will yield evidence of a crime, and that information is not stale, the police can apply for a warrant.

Information is considered 'stale' where the passage...
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Q: 2 counts of indecent liberties with minor who was 16 to 17 at the time. How long in confinement (WA). Private lawyer

1 Answer | Asked in Criminal Law for Washington on
Answered on Mar 7, 2017

Yes.

Indecent Liberties, without 'forcible compulsion': If the person is convicted of two counts, the standard sentence range in the 2016 Sentencing Guidelines is 31 to 41 months.

If you go to http://www.cfc.wa.gov/ , you can download the current sentencing manual for free.
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Q: I want to know about AOS.

1 Answer | Asked in Immigration Law for Washington on
Answered on Mar 5, 2017

You may qualify to file on your own. Consult with an experienced immigration attorney.
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Q: I was told that ethics complaints with Bar association rarely work, what can I do so my concerns are really heard?

1 Answer | Asked in Legal Malpractice for Washington on
Answered on Mar 4, 2017

In my experience, the reason why ethics complaints often do not result in a negative result is that the person filing it does not fully understand the jurisdiction of the bar association or the rules that apply to the alleged facts of the situation.

With that said, former hearing officers or lawyers who were on the Board can be a good resource as can running the facts by an attorney who can give you a neutral opinion.
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Q: My Mom died and I am the executor and beneficiary. I want to sell the house. Does it need to go into Probate first?

1 Answer | Asked in Probate for Washington on
Answered on Mar 3, 2017

Yes.

Unless your name is already on the house, you won't have authority to sell it without probate first.

If you don't know how to do this, I'd recommend you consult with a local probate attorney. The cost will be less than the scare-mongerers imply, and it can be relatively painless so long as all the interested parties work together.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client...
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Q: Does my husband have to leave the US while filing for adjustment of status?

1 Answer | Asked in Immigration Law for Washington on
Answered on Mar 3, 2017

Hema be able to remain in the united States to file. However more information is needed to tell you whether this is the case. Consult with an experienced immigration attorney who will need more facts.
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Q: If you have found a house that has been abanded over three years and you move part way in and doing repairs on the house

1 Answer | Asked in Real Estate Law and Civil Rights for Washington on
Answered on Mar 3, 2017

Your rights are probably limited to gathering your things and going peaceably or risk being forcibly removed. Your attempt to establish ownership by adverse possession will probably fail, because the period for which you must actually, openly, notoriously, continuously occupy the property against the owner's wishes is probably longer than you've occupied it. In my state, for example, the period is 15 years. If you've been in the house under the conditions I mentioned longer than your state's...
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Q: Where to find an attorney to fight for loss of consortium claim?

1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Answered on Mar 2, 2017

Contact a member of the f Washington State Association for Justice. They give free consults. My advice--take the 1000. Only rarely are there significant amounts for loss of consortium. Yours may be a uniquely compelling case, but generally juries take the position it's for better or worse, spouse doesn't get extra unless the injured spouse is in a wheelchair.
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Q: Can you be charged with reckless driving for an incident that you were already given a 2nd degree negligent driving tick

1 Answer | Asked in Car Accidents and Criminal Law for Washington on
Answered on Mar 1, 2017

Yes: As the website below explains, "section three of the statute says, basically, is that if you’ve been charged with a crime because of your crazy driving (say reckless driving or reckless endangerment, or even DUI), you can still be cited under this section. They are just pointing out that this isn’t criminal so they can hit you twice if they really want to."

http://emeraldcitytrafficdefense.com/negligent-driving-2nd-degree-ticket/

I highly recommend getting a lawyer who...
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Q: I have a young lady who is a Swiss citizen currently residing in England. She would like tocome back to the US.

1 Answer | Asked in Immigration Law for Washington on
Answered on Feb 28, 2017

Passport from what country and visa for what country? There are a multitude of options. I suggest you consult with an experienced immigration attorney to discuss the options with you.
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Q: I was cited 4 negligent driving n April of 16 got ticket n mail paid ticket just got a summons n mail 4 reckless driving

1 Answer | Asked in Traffic Tickets for Washington on
Answered on Feb 27, 2017

Yes, the prosecutor can charge you with Reckless Driving even though you already paid an infraction fine for the same event. And the statute of limitations on that crime is two years, so if it happened in June of 2016, it is not too late for them to file the charge. I would definitely talk to a lawyer in your area before your first court appearance.
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