Blog Posts in August, 2015

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Can I get SR-22 insurance without a vehicle?

Yes. You can get a non-owner SR-22 Insurance policy or AKA "broad form" that allows you to drive different vehicles, if you have a 3-year SR-22 requirement because of a DUI related ...
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Is "arraignment" a mandatory appearance for BUI?

No. In Washington State, District and Municipal Courts require the Defendant's mandatory appearance at DUI or Physical Control Arraignment's. Fortunately, Boating under the Influence (BUI) ...
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Does a Deferred Prosecution require SR-22 insurance?

No. If you enter a deferred prosecution SR-22 will not be required. This can result in substantial savings in insurance premiums. However, there is one important exception - if you refused the breath ...
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Should I request a DOL Hearing?

Yes, in my opinion you always request a Washington State Department of Licensing (DOL) Hearing - even if it looks like the hearing will be unsuccessful. It is worth the $375.00. It is important to ...
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What happens if I do not request a Department of Licensing (DOL) Hearing within 20 days?

Your Washington State driver's license will be suspended or revoked (revoked if 1 year or more) 60 calender days from the date of your arrest. If you miss the 20-day deadline you are out of luck. ...
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Will the roadside portable breath test at the vehicle be used in my DUI case?

No. The portable breath test (PBT) is not admitted into your DUI case-in-chief that will go before the jury. The PBT is only used to establish probable cause to arrest and even to be used for that ...
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Is a Washington State Ferry a Public Roadway?

Yes. Under Washington law a Washington State Ferry is actually part of the State "highway" system. I have had several DUI cases over the years where people fell asleep on the Ferry crossing. ...
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What are common DUI reductions in Washington?

Common DUI reductions (from DUI or Physical) cases are Reckless Driving, Negligent Driving and less common Reckless Endangerment. Frankly, the negotiating environment these days is very difficult and ...
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What's the "minimum" treatment requirement on my DUI case?

The very minimum alcohol/drug treatment required in every DUI case - whether reduced/amended or not - is the 8-hour alcohol drug information school (ADIS) and the 1-2 hour DUI Victim's panel. An ...
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What documents do I need for my alcohol/drug evaluation?

All Washington State District and Municipal Courts require that the State certified alcohol/drug/chemical dependency evaluator review at a minimum the following documents in completing an alcohol/drug ...
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How can I check my Washington License Status?

The Washington State Department of Licensing (DOL) has a comvenient online tool that allows you to see whether your driver's license is valid. It is real-time. Check my license
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Is the officer required to attend the DUI Department of Licensing Hearing?

No. The DUI Department of Licensing (DOL) Adminsitrative Hearing is a "trial by paper" so to speak. The DOL Hearing Officer simply reviews the police report and any exhibits. The driver can ...
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What makes you eligible for a deferred prosecution?

To be eligible for a deferred prosecution you must state that the wrongful conduct (DUI) was caused by or a result of alcoholism (dependency), drug addiction or mental problems. Alcohol ...
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Can I do community service in lieu of Court Cost and Fines?

Maybe. Some Courts including King County District Court may allow you to do community service in lieu of at least some of the Court Costs and fines. Your attorney needs to ask for this option at ...
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Do I need an attorney at DUI arraignment?

Yes. In Washington State with the conditions of release (ignition interlock device, EHM {home arrest}, Scram {24 hour alcohol detection bracelet}) and high bail being imposed by Judges these days in ...
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How soon will I have to report to Jail on a DUI conviction?

Typically, the Court will give you thirty (30) days at the Sentencing Hearing to report to Jail. However, if you need longer and have a good enough reason the Court may grant a longer period. You will ...
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Can I get a deferred sentence on a DUI?

No. Unfortunately, A Municipal or District Court cannot not defer sentence for an offense sentenced under RCW 46.61.5055 (DUI or Physical Control.) A few Judges have done so which typically results in ...
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Officer - but I have a prescription!

Very recently, I had major eye sugery and my doctor prescribed me some pretty potent pain medications to assist me in the recovery process. This experience reminded me again of the hazards/perils of ...
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Does the Breath Test Room have video?

Some, but not all. Most Seattle Police Department precincts and the UW/Port of Seattle have them. However, the Washington State Patrol generally does not. I have suppressed (kept out of evidence) many ...
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Got a Warrant in Seattle Municipal Court? - How Do I Set A Hearing Without Being Arrested?

In Seattle Municipal Court, if the Warrant amount is less than $10,000 you can go to the first floor of the Seattle Justice Center, 600 Fifth Ave and set a hearing. (you will see clerk windows after ...
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Can I vacate my Reckless or Negligent Driving charge?

Yes. Most of the time - if you meet specific condition s. (i.e. no new criminal convictions among others) You can still vacate a Reckless or Negligent Driving conviction reduced from DUI. However, ...
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Can the Judge reject my alcohol/drug evaluation?

Yes. It does not happen very often, but occasionally a Judge will reject an alcohol/drug evaluation and force you to get a new one. It really depends on the defendant's history or the specific ...
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Should I enter a Deferred Prosecution on a 1st offense DUI?

Probably not. Usually, I would recommend against entering a deferred prosecution on a first offense DUI. In Washington State you get one opportunity to do a deferred prosecution in your lifetime. ...
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Just arrested for DUI - will my license be suspended immediately?

No. It will be suspended automatically in 60 days u nless you request a Washington State Department of Licensing (DOL) within 20 calender days of your DUI arrest. You should (or will) have received a ...
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How long can I expect to be on probation for a DUI conviction?

Up to five years. Most Washington State Judges will impose the "full" five years (60 months), although occasionally I have seen Judges on 1st offense DUI's impose only 2-3 years. ...
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