• 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

  • 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 also present evidence as well as challenge the State’s. However, the officer or trooper does not attend the Hearing unless you (the driver) subpoena them. You have a right to cross-exam the officers under Washington law. If they do not show the Department action against your license (pending suspension or revocation) will be dismissed in most cases.

  • 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 “abuse” is not included per se. In other words, you can have a problem with alcohol (abusive maybe), but it does not rise to the level of dependency – then you will not be eligible for deferred based on alcoholism.

  • 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 Sentencing.

  • 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 DUI cases (especially with priors) it is very important to have an attorney at arraignment. If you cannot obtain counsel by arraignment – ask to continue arraignment to obtain private counsel or interview fo r a public defender.

  • 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 not usually be taken into custody – unless you have a history – of non-compliance with the Court’s conditions.

  • 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 an automatic appeal by the prosecutor. A deferred sentence is different than a deferred prosecution. See this blog for info on deferred prosecutions.

  • 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 prescription pain medications and driving as well as how often the public doesn’t associate prescriptions with DUI’s. Over the years, I have represented many people for prescription drug DUI’s including oxycontin, ambien, zanax, percocet and even some anti-depressants. Although, I managed to negate the DUI charges (obtain a reduced charge or dismissal) in every case, it still was a very costly and traumatic experience for the ones involved.

    Remember, a valid prescription is not necessarily a Defense to DUI in Washington State.

  • 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 a breath test (BAC) because of failure to follow the proper breath test procedure and protocols thanks to the BAC room video.

  • 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 security on right)

    You will not usually be taken into custody by the Court. However, the bench warrant will stay in place until the warrant quash hearing is held. If the Judge made the warrant pr’able (will say ” no PR” if applicable) the court clerk can just quash (cancel) it at the window and set the next hearing for your case. (what type of hearing – {arraignment, pre-trial, sentencing, review/revocation} will depend on what stage of the case you were at when you missed your Court appearance)

    If Warrant is $10,000 or more you will have to post bail or turn yourself in. The other option is to have an attorney set an “add-on” for a warrant quash hearing. I have done many of these in Seattle Municipal Court. You would then show up for the hearing and the attorney would ask the Court to quash the warrant. (remember, the Court could still maintain some sort of bail – depending on the circumstances of your FTA) I have set these hearings as little as 48 hours in advance. Caveat: the above procedures are always subject to change without notice. It is always more preferable to contact an experienced attorney first.