Linda Medeiros Callahan’s Answers

Linda Medeiros Callahan

Seattle DUI / DWI Attorney.

Contributor Level 16
  1. DUI worried i might have pot in my system during assessment, smoked 1 time for the first time in years before DUI Tell attorney?

    Answered about 2 years ago.

    1. Linda Medeiros Callahan
    2. Scott Weymouth Lawrence
    3. Kelsey E Ault
    4. MacDaniel E Reynolds
    5. James C Forslund
    5 lawyer answers

    Definitely tell your attorney. The State patrol regulations require that any person that blows over .23 should be taken to the hospital to be checked, and if they check out ok, they are to take a second breath test. This is probably to protect the State from liability of a death of alcohol poisoning while the person is in custody.

    2 lawyers agreed with this answer

  2. If i fight a ticket can the penalty become any worse than what i was ticketed for?

    Answered about 2 years ago.

    1. Linda Medeiros Callahan
    2. James Edmund Oliver JR
    3. Shawn B Alexander
    3 lawyer answers

    No. But if the ticket is found to be committed, you will probably see your insurance rates go up for the next three years. It may seem like it costs more to hire an attorney than to pay the fine, but in the long run, the odds are you will do better if you hire an attorney experienced in fighting tickets, because these attorneys know the technicalities that can get a ticket dismissed or reduced to a nonmoving infraction.

    2 lawyers agreed with this answer

  3. I was stopped and charged for driving with a suspended license for an unpaid ticket what can i do?

    Answered over 2 years ago.

    1. Teresa Lynn Border
    2. Linda Medeiros Callahan
    3. Hriste Stojanovski
    3 lawyer answers

    First, contact DOL and find out what is holding you back from getting licensed. It may well be that all you need to do is have your license reinstated after it was suspended for the DUI you are on probation for--because you would have had a suspension or revocation with that conviction. DOL will not automatically reinstate a driver's license after a suspension or revocation because there is a fee to pay, and a process to get reinstated. You can contact DOL by email at: drivers@dol.wa....

    2 lawyers agreed with this answer

  4. Will amended charges show up on your driving abstract along with the original charge?

    Answered over 2 years ago.

    1. Linda Medeiros Callahan
    1 lawyer answer

    I am pretty sure it will--but I'm not positive. I am sure though that since it was reduced to NOVLOP, it would show that it was reduced. If you want an answer direct from DOL, send them a question by email at drivers@dol.wa.gov.

    2 lawyers agreed with this answer

  5. How Long Does an officer have to file a speeding ticket affidavit with the court in Washington State?

    Answered over 2 years ago.

    1. Mark Anthony Chmelewski
    2. Linda Medeiros Callahan
    2 lawyer answers

    The citation must be filed within 5 days excluding weekends and holidays. Call the court to ask for their local procedure for obtaining "discovery" which should include the affidavit. In some jurisdictions the court sends out discovery in response to a written request, but in others you have to request it from the prosecutor.

    2 lawyers agreed with this answer

  6. Is it possible for a BAC reading to differ by .006 in a 4 minute time span from .032 to .026

    Answered about 3 years ago.

    1. Jeffrey M Gregory
    2. Lennard Anthony Nahajski
    3. Linda Medeiros Callahan
    4. Derek Michael Smith
    4 lawyer answers

    Yes, absolutely. It does not mean that the alcohol concentration in the person's body went "down" by the amount of the difference. These devices are merely taking samples and the concentration they report depends on all kinds of factors, including physiological, relating to the person blowing, and factors related to the device itself such as bias. It is unfortunate that people have been led to believe that these devices (including those used by police to obtain evidence for court) are...

    2 lawyers agreed with this answer

  7. Received 2nd DUI in under a year and husband has command sponsorship to go overseas. Will I still be allowed?

    Answered over 3 years ago.

    1. Linda Medeiros Callahan
    2. Sharon Elizabeth Chirichillo
    2 lawyer answers

    I had a client who did exactly what you are asking. She did her deferred prosecution program through ASAP which I understand is available to Army service members and their families around the world. It was a case out of King County, but I don't see any reason why the Pierce County Court would not allow it. You should talk with a DUI attorney right away and get a recommendation for a good treatment agency (beware--they are not all good) so that you can get started in the program before you...

    2 lawyers agreed with this answer

  8. My parked truck was hit by a drunk & high driver who then took off. Should I get a lawyer?

    Answered almost 4 years ago.

    1. Linda Medeiros Callahan
    2. Martin Wade Hodges
    3. Andrew Daniel Myers
    4. Lars A. Lundeen
    4 lawyer answers

    Was there anyone in your truck when it was hit? If so, then there may be personal injury damages. Any other damages depend on what costs you had associated with the incident--e.g., towing/storage of your truck, use of a rental truck? You can consult with a lawyer, but unless there is a claim for personal injury I am not sure a lawyer would be interested in your case because there is no potential income to be made. Perhaps you should call your insurance broker or company (unless it...

    2 lawyers agreed with this answer

  9. Travel outside of US with a DUI arrest in US and other misdemeanor (drugs) on record.

    Answered over 4 years ago.

    1. Thuong-Tri Nguyen
    2. Linda Medeiros Callahan
    2 lawyer answers

    Mr Nyugen is correct. It is doubtful that anyone could keep up with the entry requirements of every country. You can check with the State Department here, or check the websites for other countries. My understanding, however is that Canada, and perhaps Thailand, are the hardest countries to enter with alcohol / driving related or drug offenses. Canada would have kept your husband out just because of the DUI alone. There is a process for rehabilitation that your husband can apply for. I...

    2 lawyers agreed with this answer

  10. Does driving without interlock device automatically revoke my WA dui defered prosecution?

    Answered over 4 years ago.

    1. Linda Medeiros Callahan
    2. Shawn B Alexander
    3. Timothy Charles Milios
    3 lawyer answers

    NO! Only commission of a similar offense (another DUI for example) requires "automatic" revocation upon proof that the similar offense was subsequently committed. "If a petitioner is subsequently convicted of a similar offense that was committed while the petitioner was in a deferred prosecution program, upon notice the court shall remove the petitioner's docket from the deferred prosecution file and the court shall enter judgment..." RCW 10.05.100. However, the court has the option of...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

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