Linda Medeiros Callahan’s Answers

Linda Medeiros Callahan

Seattle DUI / DWI Attorney.

Contributor Level 16
  1. Do I need to get a lawyer?

    Answered over 2 years ago.

    1. Bartley E Herron
    2. Richard E Oberdorfer
    3. Linda Medeiros Callahan
    4. Lawrence A. Newman
    4 lawyer answers

    Because there are two ways to prove a DUI: you drove and your BAC was .08 or higher; or, if the BAC is under .08, you drove while affected or impaired by alcohol or any drug. This can be proven by the officer's testimony of impaired driving. If you were pulled over for something other than that (e.g., expired tabs), the charge might be easily challenged. You need to consult with an Oregon DUI attorney who can evaluate your case. The prosecutor will not be likely to dismiss based on you...

    6 lawyers agreed with this answer

  2. DUI WITH GBI with 2 Prior DUI's plus a Felony Prior

    Answered over 2 years ago.

    1. Paul Richard Burglin
    2. Mark K Rosenfeld
    3. Joshua Kaizuka
    4. Tai Christopher Bogan
    5. Slavik Steve Leydiker
    6. ···
    7 lawyer answers

    I think the jaw fracture will qualify as GBI, pretty much any fracture will get you there. It is probably a felony. Get yourself a good DUI attorney, and get back into treatment.

    6 lawyers agreed with this answer

  3. 2nd Dui, do I need an attorney?

    Answered over 2 years ago.

    1. Mark K Rosenfeld
    2. Linda Medeiros Callahan
    3. Joseph Briscoe Dane
    4. Benjamin J Lieberman
    5. Hector E Quiroga
    6. ···
    7 lawyer answers

    Yes, you need an attorney, a very good attorney who will work hard on your case. Be sure to shop around and learn all that you can about the lawyers you are considering hiring. Do they teach other lawyers about DUI defense? Do they attend continuing legal education seminars on DUI defense regularly? Do they understand how blood testing is performed and how to scrutinize the analysis for errors? It does not matter that you were prescribed the medications. The prosecutor need not even prove...

    6 lawyers agreed with this answer

  4. Did I register a complaint against a DMV examiner correctly?

    Answered over 2 years ago.

    1. Linda Medeiros Callahan
    2. Elliot Rahmim Zarabi
    3. Ted Harvatin
    3 lawyer answers

    Sounds reasonable to me. If you have not heard anything, contact the manager and ask what, if anything has been done about your complaint.

    Selected as best answer

  5. WA stat DUI laws, .098 BAC, DUI legal limit of .08, 280 pound lb man very intoxicated

    Answered almost 6 years ago.

    1. Stan Glisson
    2. Jeffrey Patrick Bassett
    3. Linda Medeiros Callahan
    4. James C Forslund
    5. Brian Michael Sullivan
    6. ···
    15 lawyer answers

    It really depends on tolerance. if the 280lb man never drank before, he was probably pretty buzzed at .09. In contrast, if he was a conditioned alcoholic, he would probably not be intoxicated at all at .09. The law setting the limit at .08 is arbitrary, it's a number that most people would be intoxicated at. In WA, in most jurisdictions, this person would likely be able to get the charge reduced to a lesser charge of reckless or negligent driving, either of which carry less severe...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How long should the BAC results from a DUII take? Is taking too long grounds for throwing out the case?

    Answered over 2 years ago.

    1. Richard E Oberdorfer
    2. Linda Medeiros Callahan
    3. Christian Ryan Peterson
    3 lawyer answers

    There are very few attorneys with the level of training in gas chromatography (GC) required to defend blood cases. GC is the method most states use for blood analysis. Loopholes abound if you know where and how to find them. If an attorney does not understand how GC works, what the proper methods are for analysis, and how to tell when something went wrong in the process, he or she will not see the loopholes at all. There are documents to request from the lab in every blood analysis case....

    Selected as best answer

  7. Oregon dui diversion and double jeopardy

    Answered over 2 years ago.

    1. Linda Medeiros Callahan
    2. Shannon Iris Wilson
    3. Richard E Oberdorfer
    4. Robert J Harris
    4 lawyer answers

    were your previous convictions in OR? If they are not showing up on your DMV abstract, that does not mean they are not showing up on the NCIC--the national criminal database that is kept by the FBI--to which all criminal convictions are reported. I seriously doubt that the prosecution will not learn of your priors. And I doubt you will be offered a diversion. I do not think the your situation invokes double jeopardy at all because you are not being put more than once in jeopardy for the...

    5 lawyers agreed with this answer

  8. My license was suspended 10 months ago for my 2nd dui. However, I was never charged with the 2 nd dui until today.

    Answered over 2 years ago.

    1. Paul Richard Burglin
    2. Linda Medeiros Callahan
    3. Philip Daniel Hache
    4. Joshua Kaizuka
    4 lawyer answers

    The prosecution can do this if it is within the statute of limitations, however, even if it is, your lawyer may be able to challenge the late filing if it has prejudiced your defense. For example, if there are witnesses or evidence that you would have had access to but due to the passing of time no longer exist or no longer can be found (like perhaps, a video of your stop or arrest that has been recycled) you may be able to get a reduction or dismissal. I don't know why they took this long....

    5 lawyers agreed with this answer

  9. In a dwi case it has been a year and the court still has not received blood test results the court dates keep getting postponed

    Answered over 2 years ago.

    1. Joseph A Lo Piccolo
    2. Benjamin J Lieberman
    3. Linda Medeiros Callahan
    4. Richard C. Southard
    5. Michael J Palumbo
    6. ···
    6 lawyer answers

    Are you sure the "court" is waiting for the blood test result? Because courts usually do not get involved in receiving evidence except during a trial. Usually, the lawyers in the case ask for postponement, often because "discovery" or the exchange of evidence is incomplete. But if the State Lab cannot produce a blood analysis after a year, something is wrong. I hesitate to second guess your lawyer, but in my cases, when I have a blood draw and no analysis reported, I shuffle that case so...

    5 lawyers agreed with this answer

  10. My request for discovery came with a blacked out Serial# on the Radar, is this dismissable?

    Answered almost 4 years ago.

    1. Linda Medeiros Callahan
    2. Dan J. Samas
    2 lawyer answers

    The certification log is not something the court sends out--you have to go to the courthouse to access it. However, if the serial number for the SMD is blacked out, then you have no way of checking wether the SMD has been properly certified even if you have access to the log. So certainly you may argue that you have been denied discovery, but if the serial number is somewhere on the infraction and you just are not seeing it, then you will lose that argument. In any event, you probably want...

    Selected as best answer

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