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John E. Gross's Answers
- 164 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Speeding Ticket in School Zone- I was duped!
Yes, there is certainly a way to get the ticket reduced if you request a mitigation hearing by checking the box on the back of the ticket and mailing it the court. You can also get the ticket dismissed altogether, depending on how the officer executed the ticket, whether the city can provide sufficient certification of the speed measuring device that was used by the officer, whether the officer was within his jurisdiction, whether the citation has been filed in the proper venue, and many...
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Attorney answers:
Assult 2 - Assult 4 & Malicious Mischief 3rd degree all DV charges? Repercussions?
Assault 2 is a Class B felony and is the most serious offense here. Class B felonies are punishable up to 10 years in prison. Felony sentences are determined by using a sentencing grid in Washington. The grid factors in the defendant's offender score and the level of seriousness of the offense. The offender score is calculated by adding all of the defendant's prior felony conviction and adding points for whether the offense was committed while the defendant was on parole for another offense....
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3
Attorney answers:
My 17 yo son was issued a ticket in the mail for rear ending another vehicle, due to sudden brake failure, can we fight this?
This traffic infraction is a strict liability offense, meaning that your son can be found to have committed it even though he did not intend to be driving faster than what was prudent under those conditions that you described. You have 3 basic options with any traffic ticket. You can 1) request a contested hearing, 2) request a mitigation hearing or 3) request a deferral. In the contested hearing, you are seeking a dismissal. This is usually done by finding defects in the ticket or...
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2
Attorney answers:
What to do? Hire attorney? Is statuate of limitations on charge exceeded? Don't have money for attorney.
MIP is a gross misdemeanor in Washington State. While the statute of limitations for simple misdemeanors is 1 year, the prosecutor has 2 years to file gross misdemeanor charges. If you don't have money for an attorney, one will be appointed by the court free of charge. There may be an argument that the length of time it took for the prosecutor to file charges prejudiced your your son's case or the mailing of the summons to the wrong address prejudiced his case. Your son will need a...
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4
Attorney answers:
What kind of proof do you have to have to convict someone with Rape in the second degree in WA state?
Testimony from the victim is all that is needed to prove the charge. However, other types of evidence such as DNA evidence, medical examinations, eye witnesses, etc. would certainly strengthen the prosecutions case. The prosecutor needs to prove that the rape occurred beyond a reasonable doubt. If the jury can be convinced beyond a reasonable doubt that the defendant committed the rape based solely off of the alleged victims testimony, then that is the only evidence that is needed. 2nd...
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1
Attorney answers:
Warrent for a DUI charge
In Washington State, to get rid of a warrant, you can contact the court in which your case was filed and ask to be put on their warrants calendar. Some courts have you just walk in without getting on the calendar. But you can contact the court to find out when and where you need to go. When you show up to court, you simply ask the judge to "quash" the warrant. The judge will usually do this, but may require you to post bail as a condition of your continued release. The court will also give...
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3
Attorney answers:
Defense for dui?
The issues you raise are very relevant to DUI defense. The officer may conduct the field sobriety tests even though you tell him you have arthritis. Arthritis has nothing to do with the horizontal gaze nystagmus test (the eye test). If the case went to trial, your attorney would point out that the reason you performed poorly on the walking portion of the test was because you have arthritis. You are correct, the portable breath test is not admissible for the purposes of proving guilt at...
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3
Attorney answers:
I received a photo enforced speeding ticket in AZ and was visiting the state. Do I need to pay?
If Arizona is like Washington, the state where I practice, then your driver's license will be suspended until your traffic tickets are payed if you fail to pay them. If your state is a member of the Non-Resident Violator's Compact, then Arizona will notify your state of any failure to pay traffic tickets issued to you in Arizona. All states are members of the Non-Resident Violators Compact except for Michigan, Wisconsin, California, Montana, Oregon,and Alaska. Keep the DMV in your state...
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Attorney answers:
Seems a police's mistake, how can I drop the "NVOL 2nd" Traffic ticket ASAP?
You need to check the box on the back of the ticket that indicates that you want a contested hearing. You will receive a notice of your court date in the mail. At the contested hearing, you can present your argument to the judge. If you will not be in the country at the time of the scheduled court date, you will need to hire a lawyer to represent you.
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3
Attorney answers:
Unknowingly took a gun through screening at sea tac
If you are asking what to the verdict will be after the trial, that is impossible to answer, particularly with the little information you provided. Unless you have discussed your options at length with your attorney, negotiations have been entered and the prosecutor refused to make a plea offer or you rejected the offer, and a trial date has been set, you most likely will not be going to trial. If negotiations were unsuccessful and a trial date has been set, the prosecution will have to...
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