I got 5 years bench probation for the DUI...it has been 6 years so am I safe from getting a probation violation?
Probably. The five years can get extended in certain circumstances, so someone would have to look at the court docket to confirm that they closed their jurisdiction.
If you didn't have probation violations, and never missed court dates, then it should have closed five years from the... Read more »
A pending DUI will show on your DOL record. Not all the info on your record is actually reported when requests are made. For example, a pending DUI hearing would not show up on an insurance abstract. Traffic infractions do not show up unless they are found committed by the court. This is... Read more »
Depends on the 'level' of suspension. Second and third degree suspensions don't have mandatory jail or fines, but first degree has mandatory jail.
While a person is on DUI probation, the law requires a 30 day jail sanction for driving suspended in any degree. If you are able... Read more »
The answer changes a lot, depending on the breath / blood level, facts of the case (passengers, crash, dangerous driving), and what jurisdiction you are in. To get an accurate answer, talk to a DUI lawyer who works in the town where you were arrested.
In most jurisdictions, she will still be charged with DUI. Talk to a lawyer who practices DUI in your area right away to get some guidance to get through this.
I read 2018 officers pocket manual and on pg 2-22 it states- "once you have made a legal stop of a vehicle for a traffic offense, you automatically have the authority to order the occupants to stay inside or to exit the vehicle"
Is this true?
Reason I ask is I was stopped... Read more »
Assuming that you were stopped lawfully, and lawfully detained at the time, law enforcement can ask you to exit the vehicle.
If some other factors exist, it could happen. Doesn't mean the driver would be convicted at trial, certainly.
If there were other substances found in a blood draw, for example, so the .02 alcohol was not the sole basis for the charge. If the driver were under 21, then there is a crime... Read more »
There are different physical clues they are supposed to look for. Some will administer the 'standard' roadside tests, but since they are designed for alcohol impairment they are of limited value.
They have a number of specialized tests, called the drug recognition protocol. A... Read more »
An alcohol related non incidental and co-operative driver with no passengers first offense no priors in Washington state (.122) restrictions are no alcohol, non rx drugs or controlled substances, is thc ok? Pre trial is 8ish weeks away, only had the arraignment 2 days ago(my attorney didn't... Read more »
If you have an attorney, you really should direct your question to her or him. Different courts have different policies; generally conditions of release include no marijuana, but I would have to look at your specific court documents to be clear on that.
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.
without consequences?
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 »
How much would it cost to get her out and would we need the money up front? What would the process be like?
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 »
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 »
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 »
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 »
Go to Clerk of Court's office. Give them your case information. Tell them whether you need certified or regular copies. Be ready to pay, since most courts charge to do this.
I never had to go to jail or pay a fine. I just had to get SR22 and that's it. But I qualified for an enhanced license that can take me to Canada and Mexico. Will I face any problems if I go to either of those countries?
Mexico may be satisfied with a certified copy of the CLOSED case, showing you are not out of the country while your criminal case is pending. In Canada, this is not sufficient. You must have permission to enter that country. They share the Homeland Security database, which will show the arrest.... Read more »
Or is it only certain countries. Please list. Thank you so much for all of your help.
Other countries are more forgiving. Take a certified court copy for each country, showing your case is over, and satisfactorily completed. Canada won't accept this, unless you receive permission to enter.
Canada considers you ineligible to enter them country. You must go through a lawyer in that country, and file for permission.
Don't commit a crime,and possibly get convicted.
If I am eligible for enhanced ID can I go to Canada where all my friends live? I live in Washington.
Thank you.
Your issue is far more complicated than whatever "deal" you received in Washington, as a first DUI offender. Before you cross the boarder and possibly face a federal crime, contact a well-qualified Canadian immigration specialist.
Here is a very good one that I know. Let her be... Read more »
I received my ticket in the mail. The only infraction I have is Following too close with no mention of the breathalyzer. I was never charged or booked i.e. no finger prints,mug shot or put into a holding cell.
Some jurisdictions don't file charges right away. Likely you will get a summons in the mail for a court date sometime in the coming month, or two at the most.
Make sure the DOL has your right mailing address, because you will probably hear from them within a week of the time of the... Read more »
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