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Timothy Charles Milios
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Timothy Milios’s Answers

42 total


  • 8 year old DUI case out of Kirkland, Washington

    I have an old DUI case I'm about to deal with out of Kirkland Washington from 2006. I was never arraigned because I never showed up for court. For reference, this was during the time king county had a big fiasco over breath test and I heard many c...

    Timothy’s Answer

    While the age of the case may present issues for the city, in terms of both the witnesses and evidence that it may have at its disposal, the prosecutors there will no doubt still try to prosecute the case. The concern is going to be the prior DUIs, how many there were and the dates in which they occurred. As the others have suggested, make sure you sit down with lawyer before going into court. You will want to plan this out carefully before proceeding.

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  • Arrested for Physical Control, not jailed looking for advice on what to do?

    I was arrested and given a ticket for 4661-504 (I believe?), Physical Control on 9/20/10 and I have the mandatory court appearance today 9/21/10 at 1:30pm at the Thurston County District Court. I had pulled my car over on the shoulder and was slee...

    Timothy’s Answer

    Hi, Robert. The good news in all of this is that your BAC was so low. The fact that the samples came in below a .08 will strengthen your case quite significantly. There will be no administrative action taken against your Washington driving privileges and, if handled properly, there is very little chance that you will ultimately be convicted of a DUI. All of that being said, you need to contact a DUI lawyer as soon as you can to best understand what lies ahead of you and what your options are.

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  • Hello, can a physical control be exspunged?

    Physical control: In the driver seat of a car, but not actually driving. Had keys in the ignition still

    Timothy’s Answer

    RCW 9.96.060(c) precludes the vacation of DUI or Physical Control convictions. It does not, however, preclude the vacation of convictions for lesser charges should the Physical Control charge be reduced. Also, there are a few judges out there that have been known to grant what is known as a "deferred sentence" for DUI and Physical Control convictions under the right circumstances. A deferred sentence allows for the ultimate dismissal of the charge for which a person was convicted if he or she complies with a variety of conditions imposed by the court.

    Certainly consult with an attorney familiar with the jurisdiction where your case is pending to see what options may be available to you.

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  • DUI reduction

    I know it depends on the facts of the case but do most first time DUI offenders get their DUI reduced to a neg 1 or reckless driving if they blow a .09?

    Timothy’s Answer

    The answer to your question is, "Yes, most individuals who's breath test registers a .09 or below can expect, at worst, the DUI charge will be reduced." That is obviously not true in every case or for every jurisdiction but statistically speaking, most first offense cases that fall in that breath test range will be reduced to Reckless Driving, Reckless Endangerment or Negligent Driving in the First Degree.

    Keep in mind that the reduction is not always automatic, there are significant differences between those reductions, much will be expected of you in order to obtain the reduction and there can be different collateral consequences of each reduction. But if the overriding concern is avoidance of the DUI conviction, statistically speaking, a person given those limited facts would appear to be in good shape.

    It would be wise to consult with a lawyer familiar with that jurisdiction to get information specific to your case.

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  • My son is charged with a DWLS 2, is it always mandatory jail time in state of washington, king county?

    DWLS 2 charges over a year and 1/2 ago. First license suspension was from DUI.......this second offense occured while still on probation, king county, washinton state. Is it mandatory jail time or can the judge make his own determination.

    Timothy’s Answer

    I would only add a couple of things to Mr. Leyba's response above. First the good. If your son's license has been reinstated, the sentencing court upon conviction can recommend against resuspension of the license. The DOL does not have to follow the recommendation but ordinarily it will. Now the bad. Both DWLS 2 and DUI are major criminal traffic violations. Three major violations in a five year period will cause the DOL to consider your son a Habitual Traffic Offender. One who is considered HTO loses his license for at least four years. It sounds like all three of these charges occurred within a five year period. If this is true, your son needs to make sure he avoids at least one of the DWLS 2 convictions in order to avoid the HTO suspension.

    Mr. Leyba is also correct in that any conviction for driving on a suspended license would require a mandatory 30 jail sentence for violation of the DUI conviction.

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  • Got pulled over for speeding, and ended up getting a DUI. No ticket?

    So I got a DUI, barely past the limit. Got pulled over but no ticket was issued. Shouldn't I have received a ticket for speeding? Does this help getting the case dismissed?

    Timothy’s Answer

    An officer is not required to issue a citation for the alleged law violation that precipitated the initial stop. He merely needs to substantiate that allegation in his report in order to satisfy probable cause requirements. That is not to say that there may not be other reasons to believe you will be successful in the defense of your case. It is just that the officer's failure to issue you a speeding ticket will not affect the eventual outcome of your case.

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  • Does driving without interlock device automatically revoke my WA dui defered prosecution?

    I have complied with all other requirements such as AA, treatment, probation fees. And I only had 3 more months left until I no longer needed that interlock device.

    Timothy’s Answer

    It is a relatively complex question, the answer of which likely depends upon which court you are in, who your judge is, and how well you have complied with the other terms of the deferred prosecution up to this point.

    An interlock is required as part of a deferred prosecution but the court will occasionally order a duration that is different than what the DOL might require. Also, failure to comply with the IID requirement does not necessarily mean mandatory revocation.

    There are enough issues surrounding your question and the cnsequences are severe enough that you should discuss your options with an attorney.

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  • Can my Deferred prosecution be revoked?

    I completed the treatment and did the 2 year probation and treatment. However, I had a non-driving related alcohol offence within the 5 years. An assaut 4th degree to be exact. I now the judge checks my driving record every 6 months, but in the (D...

    Timothy’s Answer

    Any conviction for a criminal offense, alcohol related or otherwise, within the five year period of deferral puts your deferred prosecution at risk. If the order on deferred prosecution signed by the judge in your case does not include such prohibitory language, you certainly could argue that you haven't violated the terms of the order. But having said that, every deferred prosecution I have seen in the last sixteen years makes any criminal conviction or consumption of alcohol a cause for discretionary revocation.

    You need to speak with a qualified DUI attorney immediately. What you do from this point forward can mean the difference between revocation and completion of your deferred.

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  • It is possible to get a Negligent Driving 1st degree expunged in the state of Washington?

    I was arrested late 2004 for a DUI, which was later plea bargained down to a negligent driving 1st degree in early 2005. Is it possible to have the Neg driving 1st degree expunged and the court docs sealed? I've been told that traffic tickets ca...

    Timothy’s Answer

    The short answer to your question is yes, a Negligent Driving in the First Degree can be expunged. In order to be eligible, there must be no new criminal law violations and at least three years must have past since the case was closed. Be forewarned however that expungement is discretionary and some judges are hesitant to expunge cases that began as a DUI. You very likely will need and attorney to assist you in accomplishing your goal.

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  • Did not get citation at traffic stop, but license suspended for one year for refusal of blood test?

    Stopped by state patrol (SP) and given a breathalizer, I passed. Did not pass sobriety test. SP asked me to submit blood test,refused. SP had passenger drive car to a parking lot (she had no valid drivers license, SP knew this). He drove us down f...

    Timothy’s Answer

    I would have several questions for you before I could give you any real substantive advice. However, I can answer some of your questions. It is likely that DUI charges will be filed. If the Trooper filed his report with DOL then he most likely filed one with the prosecuting attorney. Depending on where this occurred, charges could be filed any day or within the next several months (King County is known to delay the filing of DUI charges for up to six months or longer). There is s two year statute of limitations in which the prosecutor must file charges or lose the ability to do so.

    I would definitely advise going forward with the DOL hearing. It is unclear from your question but I assume you have already requested the hearing. You have 20 days from the date of arrest to do so. If the hearing is already scheduled, you should be contacting a DUI attorney. You can prevail at the hearing but will almost certainly need a lawyer do to so.

    Finally, there is always a chance to get e DUI charge reduced, even dismissed. If you have no prior DUI history, a reduction of the charges is the most likely outcome, assuming that you hire counsel.

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