James Egan's Answers

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?

"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...

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

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...

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

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...

What are the chances of getting a DUI dismisssed?

The field tests are voluntary and are frequently what the State uses to prove that you are "appreciably affected" by alcohol. If you can't afford a lawyer you will get a public defender to help you on the criminal case but not on the civil. Your license would technically be "suspended" again, but if you already served a 90 day suspension on the civil (DOL) suspension it would be a "wash" and you would not be re-suspended. You may need to pay a reissuance fee, however. I would get "free...

Simple assault/domestic violence - 1985 dui - 2002. nothing else.

Domestic violence cannot be expunged typically. It is one of those offenses that the court would like to maintain a record about. The subsequent DUI can certainly make that harder. I guess the question for you is, how is this conviction affecting you currently? Is it making it impossible to adopt a child? Is it preventing travel or employment? It may be good to speak with a lawyer adept at expungements. In my experience, if a prosecutor agrees and the court does it, that is all that's...

I am being suspended w/out pay for a pending dui. Part of my job includes driving company vehicles but is not all inclusive.

I assume you mean suspended from employment. This is a civil matter between you and your employer. I would take a close look at your employment contract. Further, you would want to either contact a lawyer or contact the Department of Licensing directly to get written proof of when the actual license suspension takes effect. If it does not take effect immediately, I would show that to your employer and ask whether you might be able to drive. This is obviously a delicate situation....

Im turnin myself in tonight, for probation violation on a dui, i pissed dirty for weed. How long will i be going to jail?anyone.

I practice in Seattle and have done 1000 DUI defenses. I'm not sure you'll do jail until and unless a judge makes a finding that you should. A probation violation does not generate a warrant typically where you must "turn yourself in." Rather, there's due process in that the probation department refers the matter to the courts and prosecutor with a recommendation, which may or may not include jail. Did you not get booked into jail? If not, call an experienced DUI lawyer. On my end, I'll...

US citizenship with amended DUI.

Negligent Driving should not generally impair your ability to be a US Citizen. However, you should probably have an immigration attorney go over the paperwork. For example, you most certainly do not want to admit you are a "habitual drunkard," which is one of the odd questions there. Presumably you were found to have no significant problem with alcohol. The BAC level is low and did not result in license suspension. One thing you could do is petition the court on June 30 for a "deferred...

I just got charged with possession of marijuana, and am on inactive probation

It may actually help to get a marijuana prescription after the fact. This would depend on whether you qualified, but if you have had any medically documented injury or disease you may very well qualify. In that case, the circumstance appears more like using a drug without the prescription to which you were entitled, as opposed to a wholly illegal drug. The issue is useful in negotiation. Also, marijuana cases can have unseen problems for the state in terms of proving that in fact it was...

How to evict a roommate in a house who is 3 months behind on his rent.

Without a rental agreement in writing, you are in a month to month tenancy. You actually do not need to do an eviction, formally. Rather, you and the good roommate should approach the landlord about signing an agreement to rent the house for a term, say a year. You sign that agreement *at least 20 days before the end of any month* under Washington law. So, you would want to sign that agreement by April 10. Then, notify your 3rd roommate in writing that he is not on the lease...