Timothy Charles Milios's Answers

How long does a bench warrant stay active for in Washington State? How does it work does it go away after a long time or not?

Warrants in Washington State are written with an expiration date. As a general rule, the expiration is seven (7) years from issuance but the issuing judge could set an earlier date of expiration. Upon expiration, it would be up to the prosecutor to request that the warrant be re-issued or for the court to do so on its own motion. For DUIs, bench warrants are almost always re-issued upon expiration meaning that the odds of your boyfriend's warrant ever "going away" are very very small. Also...

1 lawyer agreed with this answer

2 people marked this answer as helpful

I received a no front plate ticket from a WA State cop-

This type of infraction is not a moving violation and thus doesn't go on your actual driving record.

2 people marked this answer as helpful

A 21yr guy that works for my husband got picked up by immigration, what can we do to prevent him from deportation?

The best thing that you can do is to contact an immigration attorney to represent your husband's employee. DUI, in and of itself, is not a deportable offense. It is however punishable by enough potential jail time that it could fall under the INS's grounds for exclusion. It sounds like the DUI conviction is only part of the problem. Seek the counsel of an immigration attorney immediately.

2 people marked this answer as helpful

I dont know why i got a dwls 2nd degree when it's only my first time i got caught driving with out a license.

After reading both your question and your explanation, you are right to be confused. If the Washington suspension was somehow based on the California suspension, you are correct that the charge should be DWLS 3. DWLS 3 is the appropriate charge when you are suspended but eligible to be reinstated. Is it possible that you are suspended in Washington for another reason? DWLS 2 is the appropriate charge if you have had your license suspended based upon some criminal traffic incident or...

2 people marked this answer as helpful

Is it possible to avoid jail time due to serious health concerns regarding a 3rd DUI offense?

If your dad is convicted of the new DUI, statutorily there would be a mandatory jail sentence imposed. The length of the sentence would be a function of his BAC level (or refusal to take a test) and his history within the last seven years. The sentencing judge, however, would have the discretion to convert the jail to home detention (house arrest) if there was a showing that jail could cause irreparable damage to his health. Of possibly more immediate concern is whether the judge, at...

2 people marked this answer as helpful

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

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.

1 person marked this answer as helpful

I have been arrest for a DUI in Washington State and I have 3 in Florida.

Assuming that the court/prosecutor knows about your Florida history, this new offense would likely be treated as a second offense within seven years for purposes of sentencing if you were to be convicted. The only cases, however, would most certainly be looked at as an aggravating factor. I have included some links below so that should help answer your question. With that being said, you really do need to speak with a DUI attorney as soon as possible. There are many considerations that you...

1 person marked this answer as helpful

How long does Washington State have to file charges for a DUI if there was no arrest or citation given the day of the accident

I'd like to add one thing to Mr. Jolly's statement in answer to your question. The blood test you spoke of in your initial question was for the benefit of the doctor. That is how the hospital staff knew the results were over the legal limit. We are assuming, and it is a fair assumption, that the officer had a different sample drawn to be analyzed by the Washington State Patrol. If that sample comes back near or over the legal limit charges will be filed. And if the hospital draw came back...

1 person marked this answer as helpful

How does WA state treat out of state driver license suspensions?

There are two ways that your Washington driving privileges could be affected by your non-action with regard to the California suspension. The first is if Washington suspended you based on the California conviction. If Washington had been notified of the California conviction for reckless driving, it generally would have suspended you for 30 days. In order to be reinstated, you would have needed to show proof of SR-22 insurance, a condition that wold have lasted for three years. Based upn...

1 person marked this answer as helpful

How long does the Stae patrol have to issue a ticket or citation for a DUI.

The statute of limitations in Washington is two (2) years for a DUI. That means that the prosecutor has two years from the date of incident to file the charge. It is not uncommon for the State Patrol to release you without citation and refer the case the the prosecuting agency in your jurisdiction. Assuming that you were stopped near Aberdeen, I am somewhat surpried that the charge hasn't been filed yet. Make sure that the case wasn't filed with notice being sent to the wrong address. That...

1 person marked this answer as helpful