Blog Posts in August, 2015
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Posted on Aug 31, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Can I get SR-22 insurance without a vehicle?" »
Posted on Aug 31, 2015 By jameskotlowski@gmail.com
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) ...
Continue reading "Is "arraignment" a mandatory appearance for BUI?" »
Posted on Aug 30, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Does a Deferred Prosecution require SR-22 insurance?" »
Posted on Aug 30, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Should I request a DOL Hearing?" »
Posted on Aug 30, 2015 By jameskotlowski@gmail.com
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. ...
Continue reading "What happens if I do not request a Department of Licensing (DOL) Hearing within 20 days?" »
Posted on Aug 30, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Will the roadside portable breath test at the vehicle be used in my DUI case?" »
Posted on Aug 30, 2015 By jameskotlowski@gmail.com
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. ...
Continue reading "Is a Washington State Ferry a Public Roadway?" »
Posted on Aug 29, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "What are common DUI reductions in Washington?" »
Posted on Aug 29, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "What's the "minimum" treatment requirement on my DUI case?" »
Posted on Aug 29, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "What documents do I need for my alcohol/drug evaluation?" »
Posted on Aug 29, 2015 By jameskotlowski@gmail.com
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
Continue reading "How can I check my Washington License Status?" »
Posted on Aug 29, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Is the officer required to attend the DUI Department of Licensing Hearing?" »
Posted on Aug 28, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "What makes you eligible for a deferred prosecution?" »
Posted on Aug 28, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Can I do community service in lieu of Court Cost and Fines?" »
Posted on Aug 28, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Do I need an attorney at DUI arraignment?" »
Posted on Aug 28, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "How soon will I have to report to Jail on a DUI conviction?" »
Posted on Aug 28, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Can I get a deferred sentence on a DUI?" »
Posted on Aug 27, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Officer - but I have a prescription!" »
Posted on Aug 27, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Does the Breath Test Room have video?" »
Posted on Aug 27, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Got a Warrant in Seattle Municipal Court? - How Do I Set A Hearing Without Being Arrested?" »
Posted on Aug 27, 2015 By jameskotlowski@gmail.com
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, ...
Continue reading "Can I vacate my Reckless or Negligent Driving charge?" »
Posted on Aug 27, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Can the Judge reject my alcohol/drug evaluation?" »
Posted on Aug 26, 2015 By jameskotlowski@gmail.com
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. ...
Continue reading "Should I enter a Deferred Prosecution on a 1st offense DUI?" »
Posted on Aug 26, 2015 By jameskotlowski@gmail.com
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 ...
Continue reading "Just arrested for DUI - will my license be suspended immediately?" »
Posted on Aug 26, 2015 By jameskotlowski@gmail.com
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. ...
Continue reading "How long can I expect to be on probation for a DUI conviction?" »
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