James Egan’s Answers

James Egan

Seattle DUI / DWI Attorney.

Contributor Level 8
  1. King County set the DUI arraignment before the blood test results are in. Is this normal or of concern?

    Answered 8 months ago.

    1. Scott Weymouth Lawrence
    2. Jacob Brian Smith
    3. Michael Thomas Sanders
    4. Patrick Owen Earl
    5. James Egan
    5 lawyer answers

    I have seen this even recently on another case. Either the State rushed the blood test results (sometimes happens on felony vehicle assault/homicide cases) or they are confident the results will show impairment and feel the rush to prosecute because of community safety concerns. You need a lawyer who is experienced in this area of law. Fortunately, Avvo is a good place to start. Feel free to contact me as our firm has done tons of DUI defenses in King County.

    3 lawyers agreed with this answer

  2. Can i sue a nurse for taking my blood after the search warrant has expired?

    Answered about 1 year ago.

    1. James J White
    2. Patrick Owen Earl
    3. Jasen Bodie Nielsen
    4. James Egan
    5. Ethan Patrick Meaney
    5 lawyer answers

    The nurse took the blood at the direction of the cop. The cop may have misrepresented the scope of the search warrant. Before contemplating a civil suit, you have to consider (1) liability and (2) damages. If the cop misled the nurse (intentionally or inadvertently) then that would tend to undermine (1) liability. Unless the taking of the blood resulted in you getting a panic attack or hypothetically a communicable disease, I don't know what the damages would be. I think your best use of...

    2 lawyers agreed with this answer

  3. WA State: Clarity on Vacating Charges

    Answered about 1 year ago.

    1. James Egan
    2. Adrian Martinez Madrone
    3. Michelle Teresa Dellino
    3 lawyer answers

    DUI matters, to include Deferred Prosecutions, are typically not vacatable. Even DUI's which are deferred sentences (a rare circumstance anyway) are not completely wiped from court records as there is the sense that future courts should be aware this isn't your first time around. The NCIC national database makes it virtually impossible to delete the record of a DUI. Nonetheless, it may be possible to get a court to order deletion of criminal history. This requires a petition and a...

    2 lawyers agreed with this answer

  4. DOL hearing/suspension? Blew 0.00 then taken for blood test. Said could take 4 months for toxicology results.

    Answered about 1 year ago.

    1. Chester L Baldwin III
    2. Patrick Owen Earl
    3. Scott Weymouth Lawrence
    4. James Egan
    5. Ethan Patrick Meaney
    5 lawyer answers

    Officer sounds way too over-zealous. I have had clients who had a speech impediment be misconstrued as DUI. The fact you were taken for a blood test and then booked is peculiar because unlike a breath test at the station, the blood results are not immediate. It sounds like the officer is extremely confident you were DUI. Perhaps this is based on something you said or something the officer found in the car? Or is it based on an improper consideration of prior criminal history? Regardless,...

    1 lawyer agreed with this answer

  5. Can a previous charge of a Minor in Posession of alcohol be used against me in a case of being accused of a Minor DUI?

    Answered about 4 years ago.

    1. James Egan
    2. Travis S Jones
    3. Jonathan Dichter
    4. Christopher Hunter Cessna
    4 lawyer answers

    "Expungement" is not exactly the process if you are out of trouble for a period of time. Rather, it is likely you had a "deferred sentence" which is not the same. Essentially, you had a temporary conviction of the MIP that made it possible to state to employers that you did not have a conviction on your record (currently). However, the fact that there was a temporary conviction is relevant at any time you are charged in the future. Expungement is a permanent event that typically requires...

    2 people marked this answer as helpful

  6. Gross Misdemeanor

    Answered almost 6 years ago.

    1. Thomas C Gallagher
    2. James Egan
    2 lawyer answers

    Fight this. Where were you arrested? Seattle or? You will probably find the police reports on these cases are very slim and not supported by much evidence. I represented clients at the WTO riots in Seattle in the late 1990's. Most police reports there were 1 or 2 sentences long, which compared to the 100 sentences I get for other reports is exceedingly chippy. Locate a good local attorney with 10+ years of experience. I would shop around to 3 of them to find one you best work with....

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My stepdaughter is being threatened with a year in jail for interlock device criminal violation. Please help!

    Answered about 1 year ago.

    1. Jeffery Scott Whalley
    2. Jacob Brian Smith
    3. Thomas Ifversen
    4. Patrick Owen Earl
    5. Scott Weymouth Lawrence
    6. ···
    7 lawyer answers

    Threats to jail people for a year routinely come with gross misdemeanor charges. The reality is that folks on first offenses of DUI have that threat too, but at worst find themselves serving a day or two of jail in most cases. I think the threat serves merely to scare the crap out of the charged public citizen. At any rate, the prosecutor is trying to work with her. She should be entitled to a public defender. My suspicion is if you do what the prosecutor says -- get the device on the car -...

    1 person marked this answer as helpful

  8. 1 case 7 charges - 5 of them DUI Property Damage/Injury, 6th is DUI Blood Alcohol Above 0.2, 7th Driving Under The Influence.

    Answered about 1 year ago.

    1. William H. Kassebaum
    2. Ethan Patrick Meaney
    3. Christopher Irvin Simser
    4. James Egan
    4 lawyer answers

    I'm assuming this is Florida, but the laws are similar around the country. However, the stacked charges are unusual. My suspicion is that notice of the court date was sent to the wrong address or otherwise lost in the mail. Frankly, that's all courts need to do to establish constructive "notice" was given -- that the address most recently used by the DMV or Department of Licensing received notice. Regardless, even if the court was in error, this does not eliminate the charges. This sounds...

    2 lawyers agreed with this answer

  9. Police officer lied to me during field sobriety test, anything I can do?

    Answered about 3 years ago.

    1. Scott Weymouth Lawrence
    2. James Egan
    2 lawyer answers

    The Portable Breath Test can't be used against you before a jury, period. Its only purpose is to decide if there is probable cause to arrest you. So in that respect, while it is misleading perhaps to say it can't be used against you in court, this is actually an acceptable representation to most courts. The reality is, most courts tend to ignore the result of the portable breath test or to factor it in a small way in determining whether probable cause existed. A good lawyer should...

  10. What charges if any would I have being the one who did the hit and run?

    Answered about 3 years ago.

    1. Scott Weymouth Lawrence
    2. Travis S Jones
    3. James Egan
    3 lawyer answers

    The issue is not whether there was damage to your own car, but whether there was damage to another car. Hit and Run is one of those charges where statutory or legal duties are conferred on you after an accident involving damage or injury -- you must then stop and provide your insurance information, etc. If you fail to do this, the crime is allegedly committed. You do need an attorney. The fact that the other vehicle was parked illegally is a good mitigating factor, but does not...