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Lance Rodman Fryrear
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Lance Fryrear’s Answers

53 total

  • First offense, is negligent driving 1st degree the best deal?

    I was pulled over for having a tail light out on my vehicle, which we checked after we got the car out of impound all lights worked. Push comet to show i was give the option while pregnant of either going to the hospital to get a blood test done f...

    Lance’s Answer

    It is unclear if your test results are for alcohol or for a drug like marijuana. If the test results were for alcohol, then usually a Neg 1 offer is a good result. Again, it depends on the facts of your case. If the test results were for nanograms of THC, then you may want to look into getting a better offer. Consult your attorney. It sounds like your situation is manageable and keep up the treatment.

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  • I am on probation for a dui and jus got a domestic violence charge, what is gonna happen to me

    I only broke a computer screen out of anger

    Lance’s Answer

    If part of you sentence on your DUI was to have no charges or convictions, then the DUI court can sanction you (fine you, put you in jail) for getting a new charge. Most courts, however, will not take action for a new charge until the new charge is resolved. If you get the new charge dismissed, it is unlikely that the DUI court will take any action against you. Also, if the new charge does not involve alcohol, the DUI court is less likely to take action as the charges are unrelated.

    Your best bet is to get a good Domestic Violence Defense Attorney to help you on the new charge.

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  • Ignition Interlock

    I entered into Deferred Prosecution in Jan 2011. Would like to know when the Ignition Interlock order starts and when I have to install the device. The WA DOL keeps telling me they will notify me by mail if I need Ignition Interlock. So do I wait ...

    Lance’s Answer

    You need to read the order from the court and keep calling DOL. I just presented at a CLE (continuing legal education) class on this very subject. As of January, the DOL will not require an Ignition Interlock License on non-refusal DUI Deferred Prosecutions. The Court is still required to order an IID, however. Once DOL gets notice of the DP from the court, they should put an IID restriction on your ability to drive. If you have an out of state license this gets even more complicated.

    You need to read your DP order and ask your probation officer about if you will be in violation if you drive now without an IID. No attorney can answer that for you with certainty here now as we do not know enough about your case.

    As for the waiving the interlock requirement, you need to get an attorney to look into how your specific situation fits the statute. I wish I could tell you more, but the best piece of advice is to document your calls to DOL and get ahold of the attorney who helped you enter the DP as they are familiar with your case. Good Luck!

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  • Getting a felony expunged in WA state

    I have a Class C felony conviction on my record from 8 years ago (senenced to 60 days EHM and 24 months probation....finished probation 6 yrs ago). I am interested in getting it expunged. However, I was reading and found that one of the conditions...

    Lance’s Answer

    I do a lot of this type of work. It sounds like you may still be eligible. Generally for felonies, the date where your "stay out of trouble" time starts to run is the date that you are "discharged" from the terms of your felony sentence. The date your "Certificate and Order of Discharge" is issued is the date you care about. In this case, you may be all right. We get these types of call all the time. We typically will run your record and let you know if you appear eligible. You may want to contact an attorney to see if you are eligible.

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  • Deferred DUI Prosecution in Washington with a refusal?

    I was written up for a refusal and want to do a deferred prosecution to get help for myself. I read that the DOL does not allow a stay of suspension for a refusal. Is there anyway around this? Will I still need SR22 insurance if I do a deferred pr...

    Lance’s Answer

    I just gave a Continuing Legal Education course on this subject last Friday. If you do a deferred prosecution, the DOL will NOT stay a suspension for your refusal. You need to actually beat the licensing hearing to avoid the suspension. If you do get suspended, you can apply for an Ignition Interlock License to drive during a period of suspension. You will need SR-22 insurance for the Ignition Interlock License. If you have any further questions, you can give my office a call.

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  • Theft 2nd Class C felony

    What does the five years mean? It has been five years since I was found guilty of this crime all fines paid never been in trouble since. There was no Jail time and no community placement why hasn't the certificate and order of discharge been issue...

    Lance’s Answer

    RCW 9.94a.637 controls how a Certificate and Order of Discharge is issued. Because you were not under community supervision, you are required to petition the Court for a Certificate of Discharge.

    RCW 9.94a.637(1)(c) states:

    "(c) When an offender who is subject to requirements of the sentence in addition to the payment of legal financial obligations either is not subject to supervision by the department or does not complete the requirements while under supervision of the department, it is the offender's responsibility to provide the court with verification of the completion of the sentence conditions other than the payment of legal financial obligations. When the offender satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court that the legal financial obligations have been satisfied. When the court has received both notification from the clerk and adequate verification from the offender that the sentence requirements have been completed, the court shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address."

    If your felony was in Snohomish County the county clerk sells a packet that tells you how to do it yourself. If it is too complicated, you should contact a criminal defense attorney who is familiar with that area of the law. If the proper procedures are followed you should be able to get your Certificate.

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  • What is police reporting protecal when dealing with a non resident/broken english victim.

    My wife filed a police report for a DV issue. The report was very clear and concisely written. My wife speaks very broken english and could have never made such a report unless she was coached. Is an interperter suppose to be present when dealing...

    Lance’s Answer

    There is no legal requirement that the police have an interpreter when they speak to an alleged victim of domestic violence. If your wife's english is poor, however, that would go to the weight of the evidence - that the officer could not understand her so any claim that she made in broken english to the officer would be subject to challenge later in court. Unfortunately it is quite common for law enforcement to "coach" or "encourage" people they preconceive as victims of domestic violence. In the end, it is up for the judge to determine what will come into evidence and what will not. It is best to get a good defense attorney on your side as soon as possible. I have included more information on domestic violence defense below.

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  • Arrested for domestic violence for the second time after 2 years.

    1st domestic violence case was dismissed. Is it automatic that the second case will not be dismissed since the first one was? I mean will they look at the fact that this man was arrested 2 years ago for the same charge. Will they give him anoth...

    Lance’s Answer

    No, it is not automatic that the second case will not be dismissed. Each case depends on the facts and circumstances and if there are any defense available. I have provided a link to common domestic violence defenses below. In my experience the prosecutors will look at the prior incident in deciding how to handle the matter, but just because there is a prior incident it does not mean that anything will automatically happen. I have often gotten a second charge dismissed, even after getting the first charge dismissed a few years before. Get a good attorney as soon as possible for the best chance of success.

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  • What exactly does Assault INV DV mean?

    What does the "INV" in the charge mean?

    Lance’s Answer

    The "N" is probably not really an "N". The citation is most likely Assault IV - DV. The "N" is probably a typo or sloppy handwriting by the officer.

    Assault IV DV, or Assault 4 DV is a Gross Misdemeanor charge that involves the Defendant making "any unwanted touching" to a "family or household member" as defined by Washington law. If an officer responds within 4 hours of the incident he or she is required to make a custody arrest. Assault IV - DV is a very serious charge and often carries jail time and will carry a loss of right to possess firearms if convicted. The good news is that a competent Domestic Violence attorney can often help in avoiding a conviction and keeping the defendant out of jail. Please fell free to follow the link below for more information on Assault IV DV.

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  • How much time will I do?

    I'm 17 stold 4600.00$ worth of victoria secret stuff with my. Cousin. I ran and a guy chased me , he happen to grab me so I sprayed him with mase , I thouht he was attackin me. Turns out he wasn't evven security or police jus a guy from a booth ...

    Lance’s Answer

    If the matter happened in King County, the answer to your question may have to do with restitution and the reason why you took the property. There are many options available to you. Theft 1 is your likely charge. Theft 1 is a Class B felony. The standard range for a first offense, with no prior felonies is 0-90 days jail. The maximum penalty is 10 years in jail. Assault 4 is a gross misdemeanor, with a one year in jail maximum. You could be charged with Robbery for the Assault while escaping the Theft. That would be very very bad, with a MUCH higher standard range. You should contact a defense attorney at once. I have included information on Theft 1 below.

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