Schoen R Parnell's Answers

How long will a negligent driving charge stay on a criminal record?

Aaron is right, but if your Neg 1 conviction was a plea bargain from an original DUI, you likely won't get a judge to vacate the Neg 1 until 7 years have passed (because the Neg 1 can count as a prior offense for purposes of mandatory minimum sentencing requirements on your next DUI that occurs within 7 years of the first one).

7 people marked this answer as helpful

Probable Cause police stop: traffic & driving matter.

I know what your asking, but your terminology is incorrect. A cop doesn't need probable cause (PC) to stop you, merely a legitimate basis to stop you (such as no lights on while the car is moving at night - an infraction). Probable cause is the standard by which the cop must meet to arrest you for a crime(like DUI). The legitimate basis to stop is quite often the cops opening to pursue, for example, a DUI investigation (i.e., cop stops you for no lights at night, then while he's asking you...

1 lawyer agreed with this answer

5 people marked this answer as helpful

How can I defend a traffic camera issued ticket for running a red light in Lynnwood, WA

You can go down to the lower lobby of the court/police station and view the pictures to see if you really have a defense. My opinion is that fighting these really aren't worth your time/money. They're not traffic violations and will not affect your insurance. They're the equivalent of a parking ticket (but they're generating huge amounts of revenue for the city). My wife got one. I sent in the check. I believe there is presently a challenge to this practice of taking your picture at the...

6 people marked this answer as helpful

Negligent Driving First Degree Expungement

If it's been less than 7 years since you were arrested for the DUI (that was reduced to Neg 1), save your money. Your Neg 1 can/will be used as a prior offense (for purposes of mandatory minimum sentence on a new DUI in Washington) should you get another DUI in Washington. Because of that, it is highly likely that no judge in Washington will vacate your Neg 1 until 7 years has lapsed from the date you were arrested (just in case you come back to Washington and get another DUI). Once you are...

1 lawyer agreed with this answer

Running a red light

If this is a camera generated ticket, it's really like a parking ticket (rather than a traffic infraction) and not worth fighting at all.

2 people marked this answer as helpful

Second Degree Burglary

The missing bit of information is whether your son knew what his friends were doing. Tell him not to talk to the police at all anymore. No exceptions! And that his lawyer will handle everything from here on out. I highly recommend that both of you watch the link I attached (evidence professor from my law school explaining why you should never talk to the police).

1 person marked this answer as helpful

Racing / Reckless driving.

Excellent advice above. When you interview attorneys, tell them you want nothing less than a jury trial. You will need to hire one that is comfortable with that and will know how to set it up by doing pre-trial interviews with the cop and witnesses. In the future just remember that when the cops ask you questions after pulling you over, they will always use your answers against you and, sometiimes, get it wrong. They'll even say things and imply things designed to get an admission out of...

1 person marked this answer as helpful

Ticket reduced to reckless driving from DUI, I have not completed the classes. What will be the outcome?

Try and get the cheaper class done (Victim's Impact Panel) before your court date. That way at least the court will see that you've done something and you will be in a little better bargaining position for more time.

1 person marked this answer as helpful

Parking Ticket in No Parking Zone

Sounds like you were parking on the wrong side of the road as well (i.e., your car was facing traffic).

1 person marked this answer as helpful

How do I minimize the impact of an felony arrest that resulted in misdemeanor charges and a full dismissal?

Typically when completeing job applications, the question posed is "Have you ever been convicted of a crime?" If what you have reported in your question is the sum total of your "criminal history", you can honestly answer "No" to that question.

1 person marked this answer as helpful