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Brian Michael Sullivan
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Brian Sullivan’s Answers

219 total


  • I was rear ended yesterday by a company truck carrying a trailer with two other vehicles.

    I had come to a complete stop on the road because of traffic. While waiting for the car to move in front of me, the guy behind me rear ended me and totaled my car. We called the police and waited and when I spoke to the police officer he told me t...

    Brian’s Answer

    Yep, it is possible. It is also a regular defense theory in these cases. Speak with a qualified local lawyer.

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  • I was pulled over for DUI and I was given information on picking up my car, but I received no ticket or instructions. What now?

    My license was not punched and I have no idea about an arraignment or any other things I need to do.

    Brian’s Answer

    Unfortunately, you will probably be more formally charged soon. You will need to request a Department of Licensing DUI hearing within 20 days of arrest or you will lose your right to have that hearing. Even though you didn't get any paperwork, unfortunately you will still probably be charged and should start talking to local attorneys soon. Good luck.

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  • Is there grounds for a lawsuit?

    My husband was in an accident.he was rear ended at a stop sign (he was waiting for it to turn green) by someone doing approximately 40 mph (test didn't break or anything). He was pushed into the car in front of him. His car shows major front and r...

    Brian’s Answer

    He may well have a claim. It is not unusual in rear-end accidents to not have the airbags go off... but they often do go off when there is a serious front impact. Claims against the airbag company and the auto manufacturer are product liability claims. He also likely has a claim against the driver that struck him - most rear-end accidents are the fault of the striking vehicle. An attorney can probably be of great assistance in getting your case a favorable result. Good luck!

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  • My 14 year old son was struck by a car while riding his bike. What do I do now?

    My son was crossing the street to come home on his bike when he was hit by a vehicle. The drivers did stop afterwards but did not attempt to see if he was okay. He cracked the windshield and was thrown 20 feet down an embankment. A witness whe...

    Brian’s Answer

    You should consult with a personal injury lawyer. Child cases are special, especially with TBI cases. An experienced attorney will be able to help your family navigate billing and insurance coverage issues.

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  • Can the semi company be held liable for negligence?

    There was a tractor (semi cab) broken down off of the 262 exit northbound off ramp. This trucker did not have on his hazards or warning cones out to indicate a problem. So I pulled up behind him in the turn lane thinking the light was red. Another...

    Brian’s Answer

    Yes. The trucker and possibly the company can be held liable. Consult with an attorney, especially if your injuries turn out to be at all serious.

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  • Can I sue the tattoo company if tattoo ink caused infections in my arms I was left with a big hole in my arm

    FDA has recalled Contaminated tattoo ink caused at least 22 skin and soft tissue infections

    Brian’s Answer

    Yes, but you may have a better claim against the ink manufacturer. Definitely call one of us personal injury lawyers to talk about it. That sounds like a terrible situation, but likely a viable law suit.

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  • My son was in a motorcycle/car accident Saturday. Car turned left in front on him resulting in severe damage to his left leg.

    We need to find a good lawyer to help us navigate this.

    Brian’s Answer

    You should talk to a lawyer. Avvo is a good place to start looking for one. You may want to interview several - most personal injury attorneys offer a free consultation, so make sure you all fund someone that you are comfortable with.

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  • Breath Analysis

    Internal stand: verified, subject sample .225; blank test .000; External Stand: .078; blank test .000; subject sample .227 all done within 5 mins. What does that mean? Which one do they go by? What does it mean that they released him right after s...

    Brian’s Answer

    These are the statistics printed on the breath ticket. The two "subject sample" numbers are the BAC estimates by the machine --- he would have given two samples (at least), so they are subject sample 1 and subject sample 2. At a .227, if accurate means that he was nearly 3x the legal limit. The fact that he was released just means that the officer chose not to book him into jail. Unfortunately, prosecutors will normally file charges in these cases - though often 1-3 months after the incident. Talk to a local, we respected, DUI lawyer to get more insight on the case and what can be done to help. Remember, practicing law is an art more than a science, so talk to a few attorneys to get an idea of what different attorney's opinions are - many offer free initial consults.

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  • Can the cops send me a reckless driving ticket in the mail?

    Cop gave me a ticket for no insurance then said no license ticket and reckless driving would be mailed to me. Can they serve me in the mail like that?

    Brian’s Answer

    They can. Whether or not it sticks is another thing. But yes, in Washington state, the government to has two years to file gross misdemeanor charges (like reckless driving). While often a citing officer will tell you to expect the criminal citation in the mail, they don't have to. Sorry it is not the best news. I would recommend interviewing a couple respected local lawyers to see what can be done and what representation costs.

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  • Will I be able to fight my case? who is a good lawyer for this?

    About a month ago I was stopped for not driving with my headlights on at night, so I got pulled over, but then the cop asked me when I smoked weed the last time, and I said for about 2hours ago, so they did a test with me to see if I was sober or ...

    Brian’s Answer

    It depends. Active THC levels of above 5 ng can make the case difficult... That is the legal level in WA. If course, the levels in your system will very tremendously depending on age, frequency of use, fitness, and other genetic factors.

    Another factor in your case is the sufficiency of evidence to arrest and evidence to get a warrant for blood.

    While this may seem simple, recent caselaw (State v Martins) has suppressed evidence in cases similar to what you are describing... But a critical factor is the actual language of the warrant.

    I have had many DUI marijuana clients who don't end up with a DUI, so it is certainly possible, but more factors than are known at this time need to be taken into consideration.

    You should consult with a local attorney.

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