DUI litigation is essentially fought in two battlegrounds: (1) license suspension proceedings brought by the Department of Licensing (DOL) and (2) criminal charges initiated from the Prosecutor. You should consider hiring an attorney who can maneuver both venues aggressively and not just one aspect of the case. ****License Suspension**** If the officer punched your license and provided a slip of paper regarding a license suspension, it means the State Department of Licensing (DOL) shall...
I practice here in Bellingham. You ARE entitled to your police report(s). There is a process, however. (1) You won't obtain police reports from the police department. Period. (2) If you are represented by a public defender or private attorney, then they will obtain your police report. (3) It's harder to get your police report quickly if you represent yourself. Generally, you can review/read your police report before entering a "Not Guilty" plea at your arraignment. Show up early....
Yes, the matter is serious. If this case happened in Washington, your friend could be charged with Hit and Run Unattended, RCW 46.52.010. The charge is a simple misdemeanor criminal offense punishable by up to a maximum of 90 days in jail and a $1,000.00 fine. Washington law requires that if you collide with a parked or otherwise unattended vehicle you must immediately stop and locate and notify the operator or owner of the vehicle and provide them with your name and address. If you...
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Try to avoid becoming a police informant. They'll "work you" as long as you're useful, yet stay ambivalent regarding what you receive in return. In the long run, police will turn your file over to the prosecutor as soon as (1) you are no longer useful, and/or (2) the statute of limitations on your possible charges is close to expiring. At best, if you're a good informant, police will inform the prosecutor you were cooperative; and you might catch a downward reduction and/or dismissal of your...
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Are you the named defendant/respondent to the civil action? NO, I AM NOT A DEFENDANT/RESPONDENT: In Washington, a civil action is commenced by (1) service of summons and complaint, or (2) by filing a complaint (normally, the moving party will do both simultaneously). Assuming the summons was properly served (another legal issue), you must appear. Notify the court ASAP if you cannot appear. YES, I AM A DEFENDANT/RESPONDENT The summons should have come with a complaint. The complaint...
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Can your ex's lawsuit prevail? It depends. One question is whether the statute of limitations (SOL) has run out. In Washington, the SOL for filing a personal injury claim is three years. The time of the injury triggers the running of the statute. Here, your ex's claim falls within the three year SOL. Sorry! Another question is whether you are liable for general negligence. If so, your ex must prove you had a duty to care for the child, the duty was breached, that your breach caused the...