Lance George Miyatovich's Answers

What are the penalties for failed attemps on the ignition interlock?

If you have an Ignition Interlock Device (IID) on your car and it detects results over .02., the company that installed the IID will report the results to the court or your probation officer. The court will schedule a probation violations hearing. The court will most likely impose additional jail time and fines as sanctions. You should immediately contact the attorney who handled your DUI Good Luck

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Is it possible to dismiss a 9 year old DUI in WA State

It is possible to get a DUI dismissed or to have the charges reduced. In order to answer your question with any degree of certainty more facts are needed to determine the liklihood of this happening. DUIs are very complicated. You should not handle the DUI on your own. If you are unable to hire a qualified DUI attorney, you should see if you are eligible for a public defender.

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In regard to Breathalyzer (BAC), is it a law that cop must collect sample within 20 minutes of defendants arrest?

It is not the law that a BAC breath sample must be given within 20 minutes of the arrest. The 20 minute observation period refers to a waiting period which is given to all persons (in some states it is 15 minutes) where the person who administers the BAC is supposed to observe the suspect for 20 minutes to ensure that he does not put anything into his mouth or hicup or belch. This wating period also allows any mouth alcohol to disipate. Without the appropriate waiting period, mouth alcohol...

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Can a 9 year old DUI be dismiss?

It is always possible to get a DUI reduced to a lesser charge. Without more facts, it is difficult to tell you with any degree of certainty the liklihood that it could be reduced. DUIs are very complicated I would not recommend that you handle it by yourself. If you cannot afford a qualified DUI attorney see if you qualify for a public defender. Good Luck

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What about DUI while sitting in car passage seat?

In order to sustain a DUI conviction, it must be proved that you are the driver of the car. Here you are in the passenger seat of a parked car with the motor running. Was the car yours? Were you driving? What are the circumstances in which you came into contact with the police? More facts are needed to determine possible defenses. Based on what you have reported, there are good facts to work with in a defense to a charge of DUI. As far as what will happen for a first conviction for DUI ,it...

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I loaned a friend money for her business, nothing was signed, how do I go about getting it back?

The problem that you have is that you loaned money to your friend without having her sign a promissory note or a contract documenting the loan. On the positive side you did write her a check which can help establish that you did in fact loan her money. She has also paid you some of your money back which I assume she paid via a check. This will further help you establish the existence of a loan. I would send her a letter asking her for either the return of your money or a payment plan to pay you...

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Under WA state criminal code how much jail time can a person receive for first or second degree burglary

Under the Washington State Sentencing Guidelines The standard range for a conviction of Burglary 1st Degree with an offender score of one is 21-27 months. The standard range for a conviction of Burglary 2nd Degree with an offender score of one is 3-8 months.

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When is a DUI cleared from my record in WA state?

Unfortunately, you can not have your DUI conviction in the State of Washington expunged or vacated. It is very important that when you apply for your nursing license you disclose this conviction. A DUI can happen to anyone. The fact that it happened when you were 21 is easily explained as youthful indiscretion. Disclosing it will not prevent you from becoming a licensed nurse in the State of California. However, if you failed to disclose it and the State of California later finds out about it,...

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In WA state, can I, as a business, charge interest on late payments to some but not all of my clients?

If you have a client agrrement that you utilize when someone engages your services you can put in a provision that provides interest on late fees in your agreemnt. There is no law that prevents you from putting this provision in for some clients and excluding it for others. As you pointed out, you have different relationships with different clients. Your client agreement or engagement letter can reflect this.

Forming a business/corp during failing marriage.

If you are separated or have filed for divorce this should protect any claim your husband could have against your new business. However, if you are still living together and just have a bad marriage that will probably end up in divorce he could potentially have a claim against any property acquired in the marriage ie your new business.