Garth D O'Brien's Answers

I have 6 months left on my probation for a fail to register (non alcohol offense). is a dui a probation violation in wa state?

It depends upon the terms and conditions of your Fail to Register sentence. Did the court provide a document (sometimes called the Judgment and Sentence)? The terms of your probation would be listed on such a document. If one of the conditions states "No new criminal violations" then you might be in violation of your probation. So find those documents, and then contact an attorney ASAP. If you have to contact the court to secure those documents I would reach out to an attorney instead....

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Diversion programs for DUI

Patricia is absolutely correct that in Washington it usually comes down to aggressive negotiation with the prosecuting agency. The defendant is the focal point of the negotiation, and the prosecutors will look at everything when making a plea bargain offer. They will dissect your criminal history, the facts of the case, and other intangibles. So, if you have been arrested for DUI you must help your attorney, and you must complete certain tasks (the intangibles). [1] Attend a DUI Victim's...

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Old DUI warrants

Do not believe the urban legend that the state gets rid of warrants older than 7 or 10 years. As a former prosecutor for the City of Seattle we constantly renewed DUI warrants no matter when the arrest occurred. That might not be the case for every jurisdiction, but do not assume your warrant has expired or the jurisdiction has no interest in prosecuting your DUI.

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First time DUI

I certainly concur with Geoff's response, and I can add a prosecuting perspective to your inquiry. Prosecutors are not supposed to, but they do treat pro se defendants differently (Pro se defendant represents themselves in court and does not hire legal counsel). The prosecutor knows the pro se is at a huge disadvantage and lacks the institutional knowledge of the criminal justice system. An experienced defense attorney can review your case and negotiate the proper case disposition. An...

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Answering an officer

My clients all received the same advice: Be polite, provide your identification, insurance and registration. Sure you can answer questions about the alleged traffic infraction, but do not answer any questions that are irrelevant to the traffic infraction. Officer, "Did you know you were speeding?" Client, "Yes, and I am sorry." Officer, "Have you been drinking tonight?" At this point the officer is not gathering evidence to support the speeding infraction. At this point he is...

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Sobriety tests

When I prosecuted DUIs for the City of Seattle we never charged a DUI when the breath test reading was below 0.08. However, Seattle is only one jurisdiction of hundreds across Washington. You would be amazed at what prosecutors charge these days. One of my final cases involved an individual that provided a 0.03 breath test, and she was well over the age of 21. No matter how iron clad you feel your case is, or if you truly believe you are 100% innocent you should hire an experienced DUI...

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2nd dwi causing an accident while on perscription meds in washington state. is anti-locking device mandatory

The judge has discretion on imposing the IID in your case. If it is a second offense there is a good chance you will be required. However, an experienced attorney can argue against it, but they will need to convince the judge and the Department of Licensing. Remember you have a privilege to drive in Washington. Driving is not a right and DOL governs that privilege.

Loud music in car

Quite a few municipalities have noise ordinances. Below is a small list, and a link for further research: Public Nuisance/Disturbance Noise Ordinances * Battle Ground Municipal Code Ch. 9.42 - Public Disturbance Noise * Chelan Municipal Code Ch. 8.31 - Public Disturbance Noise * East Wenatchee Municipal Code Ch. 9.25 - Public Disturbance Noises * Kirkland Municipal Code Section 11.84A.070 - Public Disturbance Noises * Lakewood Municipal Code Ch. 8.36 - Noise Control...

Minimum Jail?

Since you are inquiring about second offender penalties, and presumably from two DUI arrests within 12 months it is probably a good idea to inform you of third offender minimum penalties as well. Under .15, 90 days jail plus 120 days of EHM, mandatory interlock device, $1,000.00 fine (not including costs, taxes, or other fees), license suspension 3 years. Over.15 or a refusal, 120 days jail plus 150 days of EHM, mandatory interlock device, $1,500.00 fine (not including costs, taxes, or...

DUI while boating

Washington enforces the BUI law quite aggressively. This past August 70 individuals were arrested for BUI during Seafair weekend. You can even be charged with homicide by watercraft or assault by watercraft. Washington defines a "vessel" as: RCW 79A.60.010(29) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards,...