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Jonathan Dichter
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Jonathan Dichter’s Answers

229 total


  • WA says I refused the breath test. I did not refuse, I didnt provide enough air 1st time and was denied a second try. What now?

    I was extremely nervous and have never been put in this situation. At the station, I talked to a public defender on the phone and even remember her name. She informed me that it was a good decision to not waive my rights (before taking the test, w...

    Jonathan’s Answer

    Here's the issues in play here.

    1) They're going to say you deliberately didn't blow enough, and so, call it a refusal by "conduct".

    2) That being said - there are good issues you've presented that may help your attorney to get your refusal suppressed, or perhaps make a good trial case out of this - both at the DOL hearing AND in court.

    You need a skilled DUI attorney as soon as possible!

    Feel free to call me for a free consultation - 425-424-9401.

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  • Subpoenaed to go to court on a theft in the third degree count 1 on July 31st. I made a very poor judgement and have ????

    subpoena to go to court on a theft in the third degree count 1 on July 31st. He made a very poor judgement and stole from a store, he dont like saying exuses and there is no excuse for what he did but he just came from surgery and was high on pain...

    Jonathan’s Answer

    Theft 3 is a gross misdemeanor, punishable by up to a year in jail. You will definitely need an attorney to help you through this process. Especially if you're admitting to things in public online forums. Call a criminal defense attorney immediately.

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  • Do you have to take 2 chemical tests at the police station?

    My son was pulled over for dui, did all the tests. Roadside test was .002, officer said he wasnt blowing good enough. Took to station, blow .008. said to him your on drugs, will you take blood test. he said NO. They got court order, took blood. te...

    Jonathan’s Answer

    Len's advice is sound.

    The reason they took his blood is that if you refuse, they're allowed to get a search warrant for your blood. Sounds like you need a skilled DUI attorney as soon as possible - especially considering the DOL implications.

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  • I was wrongfully arrested in WA for DUI of my doctor-Rx'ed meds, all of which I'm allowed to take while driving. Please help me!

    This is an extremely long story, but I'll try to keep it concise. Basically, 18 months ago, I was doing 55 mph in a 50 mph zone. A few hours prior (4-5), I had taken the prescribed amount of Adderall and Xanax prescribed to me by my psychiatrist. ...

    Jonathan’s Answer

    First of all - you're missing some important information.

    1) Although your doctor and pharmacist say it's okay to drive on medication - the law says that if the medication affects your abilities to drive TO ANY DEGREE, it's a DUI. Even if they're legal medication.

    2) Your charges are not being dropped. Pursuing a deferred prosecution is telling the court that you committed the DUI, but did so because of your mental health issues. If you complete the terms, the case is THEN dismissed. But if you fail to do so, you end up with the DUI.

    If you're not sure what your options are, you should consult your attorney, or if you feel you're being represented poorly, you should consult another attorney. Feel free to call me anytime.

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  • Was my dui charge dropped?

    I was pulled over April 20th of this year and was arrested because he thought I was under the influence of drugs, i wasn't, but he still breathalyzed me, which i passed, and then took my blood. He then said I would get my results as well as a cour...

    Jonathan’s Answer

    It is possible - although hard to say for sure. The only real way to know would be to call the prosecutor's office and ask them. Although 2 months for blood is a reasonably short amount of time. Most blood cases take 3-4 months to get to charging, if not more. You can always ask an attorney to call the prosecutor's office for you and inquire.

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  • I got a DUI for the first time 3 days ago. I blew a breathalyzer and read .094. How can I reduce my charges?

    Clean driving record. First time offense.

    Jonathan’s Answer

    The best thing you can do is seek the advice of a skilled DUI Attorney to help you with these charges. DUI is a very serious Gross Misdemeanor charge that carries mandatory jail time, fines, license suspension, interlock requirements, and up to five years of probation. You need legal assistance. Feel free to call me to discuss your case.

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  • Is it worth to pay a lawyer to try to get my DUI to a negligent driving in the first degree? Any differences?

    I refused the breathalyzer test.

    Jonathan’s Answer

    There are HUGE differences between DUI and Neg 1 - not the least of which is MANDATORY jail time, MANDATORY license suspensions, MANDATORY Interlock devices, and more! You definitely need to consult with a skilled DUI attorney immediately so that you can get to work on hopefully getting a great result on your case. I'd be happy to discuss it with you.

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  • What is my possible verdict on a DUI gross misdemeanor and a Hit and Run misdemeanor?

    I was at my home, in bed, when police arrived at my home to arrest me for a DUI. I did drive home drunk, ran into a fence, and drove home with a 2X4 in my engine. No one saw me, or pulled me over for driving drunk.

    Jonathan’s Answer

    If the Hit and Run was of an occupied vehicle, then just like DUI, it's a gross misdemeanor, carrying up to 364 days in jail and/or a $5000 fine. Both have MANDATORY license suspensions. You definitely need an attorney to work on these with you. You also need to be careful posting admissions of guilt on the internet. I'd be happy to discuss your case with you.

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  • Misdemeanor petty theft, arraignment, what to expect and how to plea?

    This is my first offense and I am 18. My violation is Theft 3. Washington State. I have an arraignment coming up soon and I am not sure what to expect. How should I plea/ what should I say? I'd like to discuss charges and try to get into a diversi...

    Jonathan’s Answer

    There is no "diversion" program once you're out of juvenile court. You should ALWAYS plead not guilty so you can discuss your case with a lawyer. The judge will tell you this as well.

    Just because you plead not guilty doesn't mean that you can't LATER accept responsibility for what you did.

    Theft 3 has a maximum penalty of 364 days in jail and/or a $5000 fine - and can be devastating for job prospects for the future. You need a skilled attorney to help you - and hopefully keep it off your record.

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  • I am 17 years old, live in Washington State, and have recently been charged with a DUI, MIP, and reckless driving.

    I would like to know what the consequences may turn out to be since I am still a minor, and if this will permanently affect my record beyond the point of turning 18.

    Jonathan’s Answer

    Both of my colleagues are correct - you are facing serious criminal charges, as well as SIGNIFICANT licensing consequences. The important thing to realize is that a DUI conviction CAN NOT be vacated or expunged.

    You need skilled legal help immediately!

    Feel free to call my office for your FREE CONSULTATION at 425-424-9401.

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