James Eric Gaston’s Answers

James Eric Gaston

Kirkland DUI / DWI Attorney.

Contributor Level 3
  1. I got a DUI for weed the other night I need to know what’s going on and I need some help understanding what’s going on.

    Answered over 1 year ago.

    1. Joseph C Rome
    2. Vitaliy Kertchen
    3. Jonathan David Rands
    4. Kevin D. Yaldoo
    5. Patrick Owen Earl
    6. ···
    8 lawyer answers

    As everybody keeps telling you, the sooner you speak to a lawyer the sooner you can begin preparing a defense. With the passage of I-502, there is now a presumptive blood THC level at which you will be considered "per se" impaired. Prior to this, the government had to prove that the MJ in your system was adversely affecting your ability to drive. With that in mind, the focus of defending a post-I-502 MJ DUI will be to attack the blood results, and hopefully get them suppressed. Please do...

    7 lawyers agreed with this answer

  2. What is the average cost of a lawyer to represent a first time DUI case? Also Avg punishment?

    Answered over 1 year ago.

    1. Joseph C Rome
    2. Jonathan David Rands
    3. Andrew C Huff
    4. Patrick Owen Earl
    5. Victor Ro
    6. ···
    6 lawyer answers

    I concur with all of the advice you have already been given, and in particular the advice about meeting face to face with multiple lawyers. Try to make your decision based upon your comfort level and the confidence you have in each lawyer. While price is obviously going to be a factor for many people, if possible it should be on the bottom of the list. A competent, experienced, lawyer is going to get you the best result, but even more importantly the peace of mind that comes from knowing...

    2 lawyers agreed with this answer

  3. My son was ticketed with DWLS 3rd degree -- drove on suspended license to see grandpa before they pulled the plug at hospital...

    Answered almost 2 years ago.

    1. Michael F. Morgan
    2. James Eric Gaston
    3. Adam Joseph Yanasak
    4. Patrick Owen Earl
    4 lawyer answers

    Without knowing a bit more about your son's criminal history, and without looking at the police report, it is difficult to predict. That being said, prosecutors and judges are still human, and the equities of a given situation will not likely be lost on them. The bigger issue is what can be done with the case prior to being in front of the judge at a sentencing hearing. This is where a skilled defense lawyer will be of the most help. The best thing to do would be to meet with a few and...

    1 lawyer agreed with this answer

  4. What is the exception to the hearsay rule for business records?

    Answered about 2 years ago.

    1. Christine C McCall
    2. Scott Richard Kaufman
    3. Frank Wei-Hong Chen
    4. James Eric Gaston
    4 lawyer answers

    Recent U.S. Supreme Court caselaw would dictate that if the document were prepared in anticipation of litigation it would be violative of the right to confront - business record or not. Without knowing anything about the document it is difficult to say whether or not an argument could be made that it was prepared in anticipation of litigation.

    1 lawyer agreed with this answer