Blog Posts in September, 2015

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Will my case automatically close after the probation period?

Not necessarily. You should always check with your DUI attorney or with the Court Clerk to make sure your case is timely closed. I have had many cases just stay open because of administrative inertia. ...
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Can I vacate a DUI or Physical Control?

No. Unlike Reckless Driving, Reckless Endangerment and Negligent Driving reductions you cannot ever vacate a DUI or Physical Control Conviction. Blame the legislature for this prohibition.
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Can I get financial assistance for the ignition interlock device?

Yes. The Washington State Department of Licensing (DOL) provides financial assistance (if eligible) for the Ignition Interlock Device (IID) See link. IID financial assistance. If you are indigent and ...
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Is a "plea bargain" a good resolution for my DUI case?

Yes, most of the time. (especially these days) However, it ultimately depends on your case and the specific f acts. A plea bargain is where your Washington State DUI attorney, after reviewing all the ...
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What happens if I do not meet the 4-month Ignition Interlock requirement?

Unfortunately, the 4-month period will keep extending itself. You will not get rid of the Ignition Interlock Device (IID) requirement until you have met it. You simply will not be able to obtain a ...
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Can I get my Deferred Prosecution dismissed early?

No. Notwithstanding, your completing alcohol/drug treatment ahead of schedule. (you started treatment before entering deferred prosecution in Court - not unusual) According to Washington State law the ...
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Do I need a "DUI" attorney for my case?

Yes. It may seem obvious, but often it is not. Your case might seem hopeless and you may feel why bother spending monies on a experienced "DUI" attorney. First, no case is insurmountable and ...
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Who do you recommend for Alchol Drug Information School (ADIS)?

I usually recommend a couple of places for Alcohol Drug Information School (ADIS) and DUI Victims Panel. A DUI Victim's Panel will always be required with your case. The ADIS is the very minimum ...
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What is Reckless Endangerment?

In Washington State, a person is guilty of R eckless Endangerment when she recklessly engages in conduct not amounting to drive-by shooting but that - creates a substantial risk of death or serious ...
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How do I look up if someone is in Jail in King County?

See link for real-time online register. Remember, when a person is booked or released it can take several hours or more for them to be processed. King County Jail Register Look-up
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Who do you recommend for a DUI Bail Bondsmen in Washington?

Stay out of Jail. I really like Lacey O'Malley. They are very personable, care about their clients and do a great job. See Lacey O'Malley See video on how bail Bonds works: How do Bail Bonds ...
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What is the test protocol for the Portable Breath Test (PBT)?

In Washington State, the (portable breath test) PBT is used by law enforcement to find probable cause to arrest for DUI or Physical Control. The PBT is administered at the scene of the DUI stop. It is ...
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How many days do I have to subpoena the officer or trooper for the DOL Hearing?

Ten (10) business days (excluding holidays and weekends) is the requirement not including the day of service. The subpoena must be signed by a Department of Licensing (DOL) Hearing Officer and ...
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How many days do I have to appeal a DOL Decision?

You have 30 days from the date of the Order to appeal a Department of Licensing (DOL) Hearing to Superior Court.
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When can I enter a deferred prosecution on my DUI?

Anytime, up to seven (7) days before trial. Although, I have entered them as late as the day of trial. Obviously, you need to know the Court and what they will accept.
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Can I sit out the the Ignition Interlock Device (IID) period on a DUI?

Yes, you can sit out - all but four (4) months. If the Ignition Interlock Device is required because of a DUI, Physical Control, 2nd or subsequent Reckless or Negligent Driving (within/7) conviction ...
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Is the DOL Hearing included in the DUI Attorney fee?

Yes. Usually it is the standard practice. Most DUI attorneys will include the Department of Licensing (DOL) Administrative Hearing in the DUI fee. That said, you should always ask your DUI attorney to ...
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Can I waive Arraignment on my DUI?

No. Arraignment in Washington State cannot be waived on DUI or Physical Control charges. You must appear in-person with your attorney. However, if you are unavailable your attorney can always ask for ...
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How many days notice do I receive of the DOL Hearing decision?

Typically, the Washington State Department of Licensing (DOL) Hearing Officers will give you 7-10 calender days notice of your pending suspension or revocation. This timeline applies - if your not ...
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Can I expunge my DUI Court record?

No. Under current Washington State Law you cannot expunge or erase the Court record and/or docket - even if - the DUI is reduced to Reckless or Negligent Driving or Reckless Endangerment. Vacating ...
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Should I take the roadside field sobriety tests?

No. Politely decline. I always recommend against taking the Roadside Field Sobriety Tests. (HGN, Walk & Turn, One Leg Stand and Portable Breath Test) In Washington State or Seattle, these tests ...
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What's the difference between Negligent Driving 1st and 2nd Degree?

Negligent Driving 1st Degree is a Misdemeanor Criminal Traffic Offense in Washington State. It has a maximum penalty of 90 days in Jail and a $1000 Fine. Negligent Driving 2nd Degree is a traffic ...
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Who pays for the deferred prosecution treatment?

The defendant. You agree to pay the cost of diagnosis (evaluation) and treatment, if you financially able to do so, subject to RCW 10.05.130. Most insurance plans will cover (but not all) and Costs ...
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Do the "mandatory" DUI 30-day probation "violations" apply to reductions?

No. They do not and should not. (see 46.61.5055 (11)(b)) Although, I have seen some Judges incorrectly believe they apply to all DUI's and reductions to Negligent Driving and/or Reckless Driving ...
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How long is SR-22 Insurance for a DUI or Physical Control conviction?

You will be required to have SR-22 Insurance for 3 years on a Physical Control conviction in Washington State. This is also the same for DUI and Reckless Driving convictions.
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