Henry King Chae’s Answers

Henry King Chae

Kirkland Personal Injury Lawyer.

Contributor Level 4
  1. BLOOD test and PBT test were taken from me but i was later told i refused to take a breath test.

    Answered over 1 year ago.

    1. Edward A Nelson
    2. Scott Weymouth Lawrence
    3. Jeffery Scott Whalley
    4. Henry King Chae
    5. Patrick Owen Earl
    6. ···
    7 lawyer answers

    As my esteemed colleague Mr. Nelson pointed out, the PBT test (preliminary breath test) is a voluntary test that is considered part of the requested voluntary field sobriety tests which you have the right to refuse with no repercussions and it is not admissible for purposes of trial and is normally only used to establish probable cause or violations of conditions of release or sentencing. In other words the PBT doesn't count. The breath test that counts is the one at the station, currently...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can the prosecutor charge me for bail jumping after I squashed the warrant with the judge?

    Answered over 2 years ago.

    1. Henry King Chae
    2. Scott Weymouth Lawrence
    3. Adrian Martinez Madrone
    3 lawyer answers

    The short answer is yes, the prosecutor has discretion to add charges but whether there are facts sufficient to support the charge of bail jumping or whether he can prevail on the charge is a different matter. I don't know what the explanation was that you offered to the Judge to get the warrant quashed, but in terms of determining whether he has facts to support the charge, it would hinge on what you said in open court. RCW 9A.76.170 is the bail jumping statute and in section 2 it...

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  3. Is cyberstalking domestic violence in Washington st? How much trouble can a person be in if they have two points already?

    Answered over 1 year ago.

    1. Patrick Owen Earl
    2. James J White
    3. Henry King Chae
    3 lawyer answers

    I agree with both of my esteemed colleagues's answers. As to whether it's considered a domestic violence crime, RCW 26.50.010 defines "family or household members" or those in a "dating relationship". All that a prosecutor has to do to put a Domestic Violence tag on the case is show by alleged facts that the special relationship exists in the case. As to the specifics about how much trouble a person can be in depends on whether the cyberstalking will be charged as a felony or misdemeanor....

    2 lawyers agreed with this answer

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  4. I paid my fines and dol has not updated thier system, but received a dwls.

    Answered over 2 years ago.

    1. Adrian Martinez Madrone
    2. Henry King Chae
    3. Scott Weymouth Lawrence
    3 lawyer answers

    Assuming the facts above and not considering anything else, If you have the receipt which shows the fines paid and the license reinstated that day, then it's a matter of showing the receipt to the prosecutor and the prosecutor should move to dismiss the case. Assuming it's a DWLS 3rd Degree, the maximum penalties for the charge are 90 days in jail and $1000 fine. If this is your first offense, you do not have to worry about the maximum. Most of the jurisdictions in King, Snohomish and...

    2 lawyers agreed with this answer

  5. I have done everything the court has asked me to do and probation violated me is there anything I can do.

    Answered over 2 years ago.

    1. Henry King Chae
    2. Adrian Martinez Madrone
    2 lawyer answers

    The Judge is the person who has the authority to impose jail and "probation" does not have that authority. Probation, as the arm of the court, can recommend sanctions and jail time but the ultimate call would rest with the Judge. If probation did not receive the proof of everything but you provided all the proof on time to the judge, it doesn't make sense that the judge would impose jail time. Probation may have been recommending 30 days but it's the judge's call. What did the Judge say was...

    2 lawyers agreed with this answer

  6. In 2010 my boyfriend was charged with dv-can i get that recinded now?

    Answered over 1 year ago.

    1. Jacob Brian Smith
    2. Kevin Coluccio
    3. Henry King Chae
    3 lawyer answers

    If he has been convicted, there is unfortunately not much that can be done. If he plead guilty or was found guilty, the conviction is pretty permanent. Depending on the charge, there might be a chance to have the record vacated down the road but it depends on what the conviction was for. For example, if it was a violent offense as defined under RCW 9.94A.640, then the record of conviction may not be cleared. It is best for him to consult an attorney to vacate a a conviction and usually a...

    1 lawyer agreed with this answer

  7. How do i get rid of a speeding ticket? i don't want it to be on my record

    Answered over 1 year ago.

    1. Rooein Roshandel
    2. Bradley G Barshis
    3. Henry King Chae
    4. Shawn B Alexander
    4 lawyer answers

    I agree with my esteemed colleagues. Do NOT simply just pay it off because it will go on your driving record and it WILL AFFECT your insurance rates. You should ALWAYS contest a speeding ticket. And if you do not know how to navigate the case through the infraction court, it is best to consult an attorney. An attorney will give you the best chance in getting the ticket possibly dismissed or reduced to a non-moving violation (which does not go on your driving record and hence does not...

    1 lawyer agreed with this answer

  8. What is the average sentence, if any..for dwl2 in wa. state?

    Answered over 2 years ago.

    1. Henry King Chae
    1 lawyer answer

    The answer depends on his driving history i.e. how many prior DWLS convictions and other criminal driving offenses does he have. There is no mandatory minimum jail time for a DWLS -2 like there is in a DWLS 1st Degree charge. But the prosecutor can ask for and the judge can impose jail time depending on how "bad" his criminal record is in terms of criminal traffic crimes. A DWLS-2nd charge usually stems from a suspension or revocation due to a person being convicted of a DUI, Reckless...

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  9. If bar owner or the employee is doing somethiing against law, is everyone getting in trouble?

    Answered over 2 years ago.

    1. Henry King Chae
    1 lawyer answer

    You have a valid concern. Recently, eight individuals have been indicted by the U.S. Attorney’s office for allegedly operating an interstate prostitution ring at a Korean nightclub called “The Blue Moon” in Federal Way, WA. According to the U.S. Attorney's office, it is alleged that the individuals sought Korean females to work as “bar girls” or “hostess girls” where the women entertained male clients and set up meetings for paid sex. The reason why the feds are involved is because it is...

  10. If you go to jail for dv and no charges are filed can they put you back in jail under the same dv charges over a year later?

    Answered over 2 years ago.

    1. Henry King Chae
    2. Jenna Labourr
    2 lawyer answers

    I'm assuming when you say "they were released" that both suspect and victim were arrested and had gone to jail. If they were "released" with ncf, NCF means "No Complaint Filed" or in other words no charges were filed; assuming it applied to both individuals no charges were filed against the individuals. The 2 year no contact order that was in place was then probably a Civil protection order separate and apart from the criminal investigation. Depending on the circumstances of the vehicle...