Michael P Sheehy’s Answers

Michael P Sheehy

Lynnwood Criminal Defense Attorney.

Contributor Level 6
  1. Old DUI warrants

    Answered over 6 years ago.

    1. Michael P Sheehy
    2. Garth D O'Brien
    3. Okorie Okorocha
    3 lawyer answers

    Yes, a police officer can make an arrest if you have an active warrant. The statute of limitations is tolled while your case is in warrant status. Generally, the police will not actively search for a person that has a DUI warrant. However, you will be arrested if you have incidental contact with a Washington state police officer. You should hire an attorney and set a hearing to quash the warrant.

    3 lawyers agreed with this answer

  2. DUI charge when under legal limit

    Answered over 6 years ago.

    1. Michael P Sheehy
    2. Jonathan Dichter
    3. John Andrew Campanella
    4. Okorie Okorocha
    4 lawyer answers

    Yes, it is your word against the police officer's word. You have a good case if your breath test was under the legal limit, but you can still be prosecuted for DUI. Most people do not understand that you can be prosecuted even if your breath test is under the legal limit. The State must prove that your ability to drive was affected to any apprecialbe degree. The evidence will consist primarily of the officer’s observations. He will testify about your driving, your performance on the field...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. DUI summons

    Answered over 6 years ago.

    1. Michael P Sheehy
    2. Aaron S Kiviat
    3. Nicholas William Juhl
    4. Jonathan Dichter
    5. Okorie Okorocha
    5 lawyer answers

    The Judge will issue a warrant for your arrest on the day that you fail to appear for the hearing. The warrant will remain outstanding until you are arrested by a law enforcement officer or you set a hearing to quash the warrant. Generally, the police will not actively search for a person that has a DUI warrant but you will likely be arrested if you have any contact with a Washington state police officer. You should attend all court dates and contact an attorney to discuss your case.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. DUI on a military base

    Answered over 6 years ago.

    1. Michael P Sheehy
    2. Okorie Okorocha
    3. Alec Scott Rose
    3 lawyer answers

    Military bases are very strict about driving under the influence cases. As you well know, you are required to show your identification to a Security Force member before you enter any military installation, including Fort Lewis. They will investigate you for DUI if they smell the odor of alcohol on your breath and suspect you are operating a motor vehicle under the influence. They can cite you for a DUI or even call the local authorities to process your case. A civilian who violates a...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I was told when i got charged with a class c non violent felony i can get my gun rights back how do i do that?

    Answered about 1 year ago.

    1. Jerry A Stimmel
    2. Michael P Sheehy
    3. Anthony Michael Solis
    3 lawyer answers

    Generally, a person may Petition the court to restore his firearm rights after they have lived in the community for five crime-free years at the time relief is requested. You cannot have any pending charges and there can be no other felony convictions prohibiting you from possessing a firearm which have not yet "washed." Additionally, you cannot have any Protection Orders filed against you which prohibit the possession of a firearm. It's also very important to understand the Federal...

    2 lawyers agreed with this answer

  6. Sue the bar

    Answered over 6 years ago.

    1. Michael P Sheehy
    2. Gregory L Fullington
    3. Jonathan Burton Blecher
    4. Kelly W. Case
    4 lawyer answers

    In Washington, a bar or bartender has a duty of care toward the patrons it serves. A drinking establishment can be liable for damages if they serve an obviously intoxicated customer who subsequently injures himself. A person or company that is in the business of selling alcohol can be held liable for injuries caused by the intoxicated patron–adults or minors. This is one reason that bartenders will stop serving customers who are visibly drunk. But, these statutes do not generally apply to...

    2 lawyers agreed with this answer

  7. Jail time for third DUI

    Answered over 6 years ago.

    1. Michael P Sheehy
    2. Nicholas William Juhl
    3. Okorie Okorocha
    4. Jonathan Burton Blecher
    4 lawyer answers

    The State of Washington has mandatory minimum sentences for DUI convictions. The sentence will depend on whether the alcohol concentration was over or under a .15. The mandatory minimum sentence for a third DUI within seven years is 90 days of confinement and 120 days of electronic home monitoring if the breath test was under a .15. If you refused the breath test or it was over a .15 than you will serve a minimum of 120 days of confinement and 150 days of electronic home monitoring. The...

    2 lawyers agreed with this answer

  8. On a 3rd degree child molestation conviction, what is the procedure for ending police registration?

    Answered about 1 year ago.

    1. Michael P Sheehy
    2. Patrick Owen Earl
    2 lawyer answers

    Child Molestation in the Third Degree is a Class C felony if this is a Washington State conviction. You must spend ten consecutive years in the community without being convicted of a disqualifying offense before the duty to register is over. You can request the Sheriff's Office to remove you from the registry at the end of this time period. If necessary, you can Petition the Court to be relieved of the duty to register. I would recommend contacting a skilled attorney before filing the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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