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Scott Weymouth Lawrence

Scott Lawrence’s Answers

2,152 total


  • Reinstating out of state driving privileges (not license) after out of state DUI

    WA state DUI conviction; however, license never suspended or IID required in home state (still have valid out of state license). All court requirements complete and stated to follow home state requirements (which ended up being none). WA DOL sta...

    Scott’s Answer

    You cannot drive in Washington if your privilege to drive is suspended in this state. It doesn't matter what your license status is in any other state. You will need to contact Washington DOL and comply with whatever they require before you can legally drive here.

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  • How to handle a 7 year old bench warrant?

    I got a traffic ticket in 2008 which I was to appear in court for and never did. I was 21 then which was 7-8 years ago. My license has been suspended since (I don't know if they just revoke it after so long), I've talked to the collection departme...

    Scott’s Answer

    This doesn't make sense. The court cannot issue a warrant on a civil traffic infraction. They simply find you committed the ticket in your absence and impose a fine. If you don't pay they suspend your license and send the fine to collections. You cannot get your license reinstated until you pay the fine.

    There are several scams going on right now in which people posing as collection agency are calling and demanding you pay fines or a warrant will issue. Collection agencies have no way of issuing a warrant or asking the court to issue one. Courts don't use collection agencies to contact people and threaten to issue warrants.

    So, either you were charged with a crime, the collection agency is lying or it's a complete scam. You need to contact a lawyer and figure this out before you have any conversations with this agency.

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  • My son was charged with shoplifting, misdemeanor in the third degree.

    What is a diversion agreement? If I do this, will it go on his record? How long before I can get it off his record if it is?

    Scott’s Answer

    I know this is your child that you're talking about, but you cannot enter a diversion. This is entirely up to your child whether he or she enters a diversion. Your child has attorney-client privilege and has the right to discuss this in private with his or her attorney. Your child also has the right to an attorney and the two of you should discuss the available options with an attorney. Nobody on the list can tell you whether your child should take the diversion offer. This is advice that should only be given after full review of the offer and the facts of the case.

    In general, diversions are usually a good thing. It usually involves completing a number conditions (community service, classes, treatment,...) and the charges are dismissed. This means it never goes on the person's record. The time period is usually 3-12 months, but can be longer.

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  • Would appealing a dui sentence be worth it?

    My fiancé was booked for 333 days recently for a DUI charge in 2010 when we went to quash a warrant that he had in Monroe.. He was currently attending treatment as well on EHM for another court issue in Fife, WA. The state prosecutor wanted to giv...

    Scott’s Answer

    It doesn't hurt to ask. His attorney can work with him to make a plan and file a motion to reconsider. The worst that can happen is that the judge says no.

    I would guess there are a lot of things he would need to address with the judge, considering the judge imposed 10 times what the prosecutor was asking for. His attorney would know the case better been anyone else and would be the one to advise him on how to go about doing this.

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  • Could I get my suspension lifted or shortened?

    I got pulled over a couple months back. Now my license is suspended for 6 months. When I got pulled over i received 2 tickets because I failed to yield the right of way towards a police officer, and for having someone in the car. Even though the ...

    Scott’s Answer

    The lesson here is ALWAYS hire an attorney to handle these things. A few hundred dollars may have saved you from this. There is no option for a probationary license or early reinstatement. Harsh lesson!

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  • Misdemeanor warrant

    I have a warrant in Seattle but live in California. I don't have the money to travel back and forth. The warrant is for a theft 3 in 2012. I don't know the type of lawyer to try and hire to help me. I've already pled guilty and had to return to co...

    Scott’s Answer

    You need a criminal defense attorney. You have a few options. (1) Pay the bail, get new dates and show up to court to resolve the matter, (2) Come back to court and turn yourself in and be seen in court within a few days, (3) Have an attorney file a motion to quash and ask the court to schedule a motion to quash or (4) Have an attorney try to negotiate something with the prosecutor and court that allows you to address the matter without returning. The last option is clearly the best, but may not be a viable option. Usually you will have to appear at least once to address a warrant. It will depend on what the issue is, whether you have addressed it and your history of making your court dates. If unable to negotiate an outcome that waives your appearance, your attorney can probably at least get it arranged so that you only have to make one brief trip.

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  • BUI Blood Test Warrant Valid?

    Was arrested for BUI during Seafair. Refused to take breathe test back at mobile station and they got a warrant for a blood draw. After looking at my copy of the warrant, the date where judge signed is correct 8/2/15 but underneath where it state...

    Scott’s Answer

    There is no requirement that a warrant issue or a blood be taken within 2 hours of the incident. Instead, depending on how the case is charged, the prosecution may need to prove that your BAC was above .08 within two hours of operating a boat. This can be done a number of ways.

    You other question was "Is the warrant valid?" There is not nearly enough info in your question to figure that out. Your attorney will be able to look at the warrant and other evidence to make this determination.

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  • I have several unpaid tickets and recently read that courts aren't allowed to impose fines on those who cannot pay them.

    In 2010, I got fines for hit-and-run attended. In 2011 I had two DWLS 2nd, in 2012 I got a DWLS 1st. In these cases I was a single mom living on under $400/ mo. In the first, I made every effort to pay the $50/month the court asked. Twice I went i...

    Scott’s Answer

    A recent Washington State Supreme Court ruling requires court to make a finding that somebody has the ability to pay prior to imposing fines. I haven't seen this addressed in respect to fines imposed prior to the decision. You could certainly have your attorney argue that the court should reconsider the fines imposed in your cases. The judge has the discretion to modify a sentence in many cases. However, I don't believe that this is a change that the judge must apply retroactively. If you have paid absolutely nothing, and are offering to pay nothing, you probably have very little chance of success. Your attorney can help you formulate a plan that might be accepted by the court. The fallback option may be to ask the court to pull the fines out of collections and let you make payments.

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  • I got two Duis In washington state 3yrs apart doing deferred prosecution on my second. When can I start to try and get it back.

    I got a dui in 2011 which resulted in my cdl getting suspended for 1yr. Got another one in 2014 which I am doing a deferred prosecution on. I have read that it is a lifetime ban or 10yrs if you get two, does that 10yrs start from the first one? I...

    Scott’s Answer

    If you have a CDL a second DUI is a lifetime ban. A deferred prosecution is a conviction for purpose of federal law and it will not save your license. You need to hire an attorney that has experience dealing with CDL cases.

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  • Should I pay a shoplifting fine that has been sent to a debt collector?

    I shoplifted $28 worth of groceries, which was the worst mistake of my life. I had no reason to and am very ashamed of myself. It will never happen again but I need help to address the consequences. I received a few demand letters, which I ignored...

    Scott’s Answer

    Under the Fair Debt and Credit Act you have 30 days to demand that the collection company verify the debt. If they cannot do so, they are required to cease collection account and remove it from your credit report. Unless there has been a criminal conviction, a judgment against you or you signed a contract to pay this, it's doubtful they can verify the debt. This is one of the reasons that you received information on this site that suggests you don't need to pay it. Be aware that collection agencies very often do not follow federal law and you may need to sue them to get them to comply.

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