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Aaron A Pelley

Aaron Pelley’s Answers

173 total


  • I got a ticket for negligent driving in the first degree. My BAC was .060 What is the possible penalty in washington state.

    I was given two breath tests .060 and .062 I was issued a ticket and released

    Aaron’s Answer

    Negligent driving is a misdemeanor with a sentence range between 0 to 90 days. Where you land in that range and the potential sentencing alternatives depend on, first, whether you plead guilty. You have only been accused of a crime and have a right to defend yourself against that charge. In order to be found guilty the Prosecutor must show that you were operating a motor vehicle in a manner that is both negligent and endangering or was likely to endanger any person or property, and exhibiting the effects of having consumed liquor or an illegal drug.
    Note: It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings. In addition, there are other defenses that can be raised to a jury, depending on the facts.
    Should you plead guilty, or be found guilty, your sentence (between 0-90) can be based on a number of factors including your own criminal history, the facts of your particular case, the prosecutors recommendation and the judge.

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  • Is receiving a ticket by a red light camera 14 1/2 months after the infraction occured legal? If so, how do I contest it?

    The car was turning right and crossed over the line just as the light turned red. I received a $114 ticket . It happened so long ago, we aren't sure who in the family was driving.

    Aaron’s Answer

    The letter that came with the ticket provides a way to contest the ticket. You can also hire a traffic lawyer to handle the matter.

    There is also a class action law suit regarding these tickets. View the link below.

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  • Would this stay on her record?

    My daughter who is 15 years old was caught shoplifting a $149 jeans. the store owner is going forward for prosecution in WA state. she does not have any prior conviction.

    Aaron’s Answer

    Whether this stays on her record depends on the outcome of the case including Pleading guilty or not guilty, being found guilty or not guilty if her case goes to trial, asking the victim of the theft for a Compromise of Misdemeanor (after she has adequately compensated the owner for the item), seeking a deferral (in which case a guilty plea could be withdrawn if you meet certain conditions set by the court) or making an agreement (Stipulated Order of Continuance) with the prosecutor. She needs to discuss her alternatives with her attorney.
    Assuming she plead or was found guilty of theft 3, it would stay on her record until she vacated the conviction. She would qualify, under the current statute, three years after the date of conviction and completion of the terms and conditions of the court.

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  • I went to court for 3rd degree theft charge for shoplifting at macys three years ago.

    my record says the disposition was bail forfeiture. can this be vacated? what can i do to remove from my record?

    Aaron’s Answer

    This is the single biggest problem with bail forfeiture in Washington. Many people think bail forfeiture is a good option, because you do not have to plead guilty. You just pay the clerk, prosecutor drops the charges, and you go home. Now the consequence. No one has properly defined bail forfeiture. It is not a conviction. But it is also not a non-conviction. To date, the legislature has not provided a procedural mechanism to remove this data. In addition, courts have not allowed vacation of conviction or deletion of non-conviction to apply to bail forfeiture. Until that changes, bail forfeitures will remain on your record permanently.

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  • Can I ever get my gun rights restored?

    Here's my story. In 2001 I was convicted of Attempt to Elude the police, which game me a felony...I paid my fines did my community service, case closed in 2004 when all completed...In that same year of 2004 my little sister and I got into an argu...

    Aaron’s Answer

    Yes. If you meet the statutory requirements, there is a way. But you need to petition each court that has revoked your rights.

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  • Can an employer still pull up fingerprint records if the charge is dropped from your criminal history and the rest is clean?

    I was caught stealing as a minor. My case was defered, dismissed and closed. It is still in my history and I want it closed. After I close it will the agency I work for still be able to see it on my fingerprint background when they do it?

    Aaron’s Answer

    With due respect to the lawyers posting above, in Washington state, a deferral and closing of the case is not necessarily the last step in addressing your criminal history record. Washington State Patrol has taken the position that a deferred sentence can still be considered conviction data because a guilty plea has been entered. As such, Washington State Patrol will maintain a criminal record.

    In order to address this matter, you need to seek to have your record sealed. If you meet the statutory requirements you can have the record sealed. Contact an attorney in the area you were convicted for more information. Or you can contact the court Clerk, in the court you were convicted, and ask for the instructions on sealing a juvenile records.

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  • Can I obtain a concealed pistol permit in pierce county with a juvenile felony that happeded 17 years ago (burglary-nonviolent)

    I would like to obtain a concealed weapons permit in Washington and want to know if I need to have my Juvenile records sealed or if there has been enough time lapse 17+ years to obtain the permit. thanks

    Aaron’s Answer

    Time alone will not restore your right to possess or use firearms. If you wish to obtain the concealed weapons permit, you would first petition the court to restore your firearm rights. However, if you are going to petition the court to restore your firearm rights, you might as well petition to seal the record at the same time.

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  • I would like the now what the rights and privacy is for the tenants

    i have been living in this house for 5 yrs never missed a payment i mentioned to my landlord that even as a renter i have rights to voice my opinion they have a big house and iam renting out a room the other day i was moved out and into anoth...

    Aaron’s Answer

    There is a website on the WSBA website that provides some information of Landlord-Tenant law (see link below). You also might want to contact the NW Justice Project for help resolving your matter (link below). Good luck.

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  • Do I need an attorney for a fishing rules violation?

    My mother, who does not speak English well, was caught with over twice the legal limit of seaweed in the state of Washington. She is being charged with a misdemeanor for this. The thing is, she did not harvest the seaweed. She was given the sea...

    Aaron’s Answer

    What rule was she cited under? And what rule are you referencing?

    WAC 220-56-100 Definitions--Personal use.
    (9) "Daily limit" means the maximum number or pounds of fish, shellfish, or seaweed of the required size of a given species or aggregate of species which a person may retain in a single day. (see the link below)

    It is always advisable to meet with a lawyer when you have been charged criminally. If she is unable to afford a lawyer, one will be made available.

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  • Charges against a 12 year old when each said the other did it

    My 12 year old daughter and friend were doing a project after school. They found an open locker with make up. T hey took the make up out but the locker shut. They were afraid they would get in trouble and took it to lost and found. The friend t...

    Aaron’s Answer

    Can they charge her? Yes. They could press charges. A bit on the ridiculous side, considering the girls came to their senses and returning the items. This coupled with the fact that your daughter is also suffering the administrative sanction of the school. But the Prosecutor could charge. The first thing to do is contact a lawyer and quit talking to the police. A number of criminal defense lawyers in your area provide free consultations.

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