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Timothy Charles Milios
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Timothy Milios’s Answers

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

    this 21yr guy works for my husband, he was on home monitoring for a probation violation (he had gotten a dui) when he turned in his home monitoring device he was picked up by immigration at a city jail. He is 21yrs old has been in the country for...

    Timothy’s Answer

    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.

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  • DUI deferred

    I had a DUI in 12/06, began my defferment in 2/07. As I'm submitting an application to dept. of health of WA, the question states "HAVE YOU EVER BEEN CONVICTED, ENTERED A PLEA OF GUILTY, NO CONTEST, OR A SIMILAR PLEA, OR HAD PROSECUTION OR A SENTE...

    Timothy’s Answer

    I wouldn't feel comfortable just telling you to anser "yes" without knowing more. It's easy to say that since the application asks, "Have you ever had a prosecution deferred?" that entry in a deferred prosecution would require an answer in the affirmative. I don't know if that is that simple. There are different ways that a prosecution could be deferred. A "deferred prosecution" is a stautorily created construct, one of the purposes of which is to allow someone who has a problem with alcohol to avoid prosecution by completing a rigorous alcohol treatment program. During the period of deferment the case is placed in a special file and not viewable to the public. There is a veil of anonymity that covers a deferred prosecution and there is a public policy argument that seems to support the idea that a person need not have to give up that privacy.

    With all of that said, your question is probably best posed to an employment lawyer who will best know what is expected from you in that arena of law.

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  • Is it possible for me to fight this

    i got pulled over by city police did'nt tell me why . he just said he smelled alcohol. my friend said he had been drinking.i said no.he came back and asked me to do breath test .I refused. then a state police came to my window and told me (implie...

    Timothy’s Answer

    There certainly seem to be a few issues here. The most intriguing is the timing of the implied consent advisory. Presumably, the test you were being requested to take by the roadside was a portable breath test (pbt). If so, the implied consent statute does not apply to that test. You were not under arrest and the officer was not asking you to provide a breath sample in order to satisfy the implied consent statute. What an officer does and what he writes in his report can be two different things, but if your version of the facts were to win the day, I would expect the alleged refusal to be deemed inadmissible. You definitely need to speak with a DUI lawyer to flesh this out a bit more.

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  • 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.

    reason: driving while my vehicle's tab sticker was expired in CA a year ago. i got a ticket, but it was only a fixing ticket, there was no fine to be paid. i got my new tab but did not prove to the court i got it renew. i suddenly got a letter fro...

    Timothy’s Answer

    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 administrative suspension, and you were caught driving prior to being eligible for reinstatement.

    DWLS cases can become a bit of a quagmire. Contacting a criminal traffic attorney in your area and fully explaining the facts to him or her probably wouldn't be a bad idea.

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  • Why will the Washington DOL not issue you me an Ignition Interlock license for my administrative suspension before my conviction

    The WDOL has my Ignition Interlock install date and SR-22 insurance paperwork in their data base as well as my completed Ignition Interlock license (IIL) form (and my check for $100). The WDOL said they could not send my IIL until the court has c...

    Timothy’s Answer

    Something is not computing here. Assuming that you are otherwise eligible for the IIL, the DOL should not delay the granting of the license while it waits for a conviction that may or may not come. Either all of the facts are not before us or someone at the DOL is way off base. If you haven't done so already I suggest conacting a DUI attorney. A simple call to the right people within the DOL might be able to resolve this.

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  • Is SR22 unavoidable with DUI charge?

    I recently had my DOL hearing and they sustained my license suspension. However I am still in the legal process with the courts and have not been convicted of DUI. However the DOL is requiring that in order to get an ignition interlock license or ...

    Timothy’s Answer

    At this juncture, in order to avoid SR-22 you have two options. One is to win an appeal of the DOL order of suspension and have the DUI charge dismissed or reduced to an offense that would not require a license suspension. The other option is to enter into and complete a five (5) year deferred prosecution of the criminal charge. I am certainly not suggesting you enter into a deferred prosecution pursuant to Chapter 10.05 of the RCW just to avoid SR-22. Entering into deferred prosecution solely for that purpose would be fool hardy. I simply mention it here because it is the second option for avoid the license suspension and SR-22. Keep in mind that an IID would still be required under this option.

    God luck.

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

    My dad just received his court date (4/7/09) for his 3rd DUI offense and we are wondering if there is any way to avoid jail time due to his current health issues. A month ago my dad was hospitalized (ICU/rehab totaling 20 days) This was due to an ...

    Timothy’s Answer

    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 arraignment, will impose bail on your father as a condition of his continued release. Some courts/judges are especially brutal in this regard when the defendant has multiple prior offenses. Based on how soon his arraignment is approaching, he really should contact a DUI attorney as soon as possible to get assistance in minimizng this possibility.

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  • What do i do about wa state coming after me over a year later dor a dui when i got no ticket no jail no court date

    i was pulled over and was over the legal limit i was taken to the jail and asked some questions given another breatherlizer and released no ticket no jail no court date and now over a year later i get a letter in the mail saying i missed my court ...

    Timothy’s Answer

    It is unfortunate but some prosecutorial jurisdictions in Washington, King County in particular, often take several months to file a DUI charge. Generally, the state has a two year statute of limitations in which to file a DUI. A charge filed anywhere within this time frame is generally acceptable. There are however, exceptions, that are based on a case by case nature.

    If you were made to post bail and that bail was never returned, it's possible that your speedy trial clock has run. If you can show an unreasonable delay in filing led to you being prejudiced in the defense of your case, a dismissal is also possible.

    These circumstances are somewhat nuanced and more information would be necessary to let you know where you stand. Contact an attorney in that jurisdiction for more specific advice.

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

    Does the Washington state DMV/DOL honor license suspension from California? I am asking about a California DMV license suspension not a suspension from a California court. The CA suspension was for 1 year for breathalyzer refusal on a DUI arre...

    Timothy’s Answer

    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 the age of the case and the fact that you renewed without incident in 2004 it is likely that a) Washington never received notice of the conviction or b) since Washington does not have a "wet reckless" statute, there was no basis for a Washington suspension. Regardless, the SR-22 requirement would have run its course by now.

    The second way your Washington status could have been affected is if your license had remained suspended in California for failing to satisfy the SR-22 requirements down there. In general, however, the SR-22 requirement is only in affect for three years. Assuming a 2003 suspension for a period of one year on the refusal, that requirement wold have run in 2007.

    In short, it is unlikely your renewal in 2009 will be affected. If you are concerned, call the Washington DOL to check on the staus of your driving privilege or check online at www.dol.wa.gov.

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  • What affect will an out of state wet reckless have in Washington State? HELP.

    WA resident & licensed driver. Arrested in CA while on vacation for DUI at sobriety checkpoint(refusal in 2003. Pleaded no contest to Wet Reckless & paid all fines immediately. Court ordered no license suspension and no alcohol classes. My priv...

    Timothy’s Answer

    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 the age of the case and the fact that you renewed without incident in 2004 it is likely that a) Washington never received notice of the conviction or b) since Washington does not have a "wet reckless" statute, there was no basis for a Washington suspension. Regardless, the SR-22 requirement would have run its course by now.

    The second way your Washington status could have been affected is if your license had remained suspended in California for failing to satisfy the SR-22 requirements down there. In general, however, the SR-22 requirement is only in affect for three years. Assuming a 2003 suspension for a period of one year on the refusal, that requirement wold have run in 2007.

    In short, it is unlikely your renewal in 2009 will be affected. If you are concerned, call the Washington DOL to check on the staus of your driving privilege or check online at www.dol.wa.gov.

    See question