Skip to main content
Jeffrey Alan Lustick
Avvo
Pro

Jeffrey Lustick’s Answers

332 total


  • I am a Canadian. Do i have to pay my Traffic Ticket which i got when i travel to USA/WHATCOM COUNTY? What happen if i don't pay?

    If i hire an Attorney, is that mean he can represent me in court and i DO NOT need to go to court in person.

    Jeffrey’s Answer

    Answer 1: If you don't reply to your ticket in 15-days from the day it was issued, the court will send paperwork to the Washington Department of Licensing indicating you failed to respond. Even though you do not have a license in Washington, your privileges to drive in Washington could be suspended. If that happens, and you a caught driving in the state, you can be arrested for driving on a suspended license, which is a criminal offense. You make a reply by either paying the ticket in-full or requesting a mitigation hearing or a contested hearing.

    Answer 2: Yes, under the rules for traffic court, if you hire a lawyer to handle your ticket, your lawyer attends court and you do not have to. Your lawyer can examine the ticket and see if there are any defense to the alleged violation and either get the ticket dismissed or reduced to a less expensive violation. If you plan to hire counsel to assist you, do so before the 15-day reply period is up so your lawyer can reply to the court on your behalf.

    My firm handles Whatcom traffic tickets all the time. Feel free to give my office a call.

    See question 
  • If an officer has written the wrong information on a speeding ticket, is it valid?

    The wrong date was put in for the tab expiration and the year of the vehicle. And these were two items he specifically talked to me about, that is what made me check on them. This might be coincidence, but I find it a very odd one. The fine th...

    Jeffrey’s Answer

    Usually minor factual discrepancies written into a traffic infraction form are unimportant. Rarely does the front of the traffic citation come into play because in Washington, the officer normally also writes a narrative explaining why he or she issued the driver the citation.

    You should be able to go to the courthouse and look at that narrative. If the mistake is repeated in the narrative and when read, the mistake makes it look like you did not commit infraction, you may have a winning issue. However, if you contest the ticket and the officer shows up and corrects the facts, the issue will evaporate. Thus, if you do contest the ticket, do not request the officer's presence.

    As far as the $113 being the same as the officer's badge number, that's just a coincidence. (Luckily his badge number wasn't 995.)

    See question 
  • WA license, Oregon implied consent hearing

    Received implied consent suspension (90 days) for duii in Oregon. My license is in WA which calls for 1 yr suspension for over .15. Is it worth paying the lawyer to attend hearing for OR suspension or will WA still have their own hearing? And can ...

    Jeffrey’s Answer

    If Oregon suspends your privileges to drive in that sate, under Washington law, the Washington DOL can issue you a reciprocal suspension for your Washington license. There is a nation-wide Driver's Compact under which 45 of the 50 states have agreed in advance to follow the driver suspension actions taken in any of the states which follow the compact. Washington and Oregon are both members of the Driver's Compact.

    I don;t know if you can win the Oregon DMV hearing on your own; that is for you to decide. An experienced lawyer may be able to find a way to win and that could result in no loss of license in Oregon and Washington.

    See question 
  • My boyfriend is in jail with a vehicular assault, 4th dui, and driving without a license. How long could he be facing?

    He has already been in jail for 9 months and is about to plea for 33 months, we are wondering if going to trial could have a better outcome?

    Jeffrey’s Answer

    It's hard to say if this is a good deal or not, because so much depends on the specific facts of the case; the criminal history of the defendant; and the mood of the prosecutor involved. Without this information, there is very little way to know if 33 months in prison is really a good deal or not.

    See question 
  • Jury Consultants

    How does this work and is it a good idea to have jury consultants?

    Jeffrey’s Answer

    Jury consultants are allowed in virtually every jurisdiction. These typically high-paid individuals usually possess advanced degrees and vast experience in behavioral psychology, and many have backgrounds in the legal field. Jury Consultants create profiles for the best fitting juror, so that the attorneys handling the case will know the most desirable characteristics to search for - or to avoid - when picking a jury in high stakes cases. According to the National Law Journal, a typical jury research assistant’s salary starts at around $5,000 per case, and a well-qualified jury consultant can often garner $10,000 per case, while more experienced consultants with Ph.D.’s may earn over $25,000 per case.

    See question 
  • Should i fight this ticket? Is this a traffic violation?

    Recently a street that I sometimes use (Ohio) had a median placed in the middle. Before you could either make a left turn onto a thru street (King) or stay right for highway. With the addition of median you can only get onto highway now. I was out...

    Jeffrey’s Answer

    I am really familiar with this intersection and drive by there daily. I think that yes, you should totally fight this ticket. What you describe is not "corner cutting". It's only a violation when you use the corner to go around traffic control devices to avoid stopping or slowing down or to cut in front of other traffic. When you used this corner to avoid going in the direction which you were being forced to go because of a major traffic revision, that is not corner cutting. Feel free to call my office as we do handle these infractions in the Bellingham Court.

    See question 
  • Can I bail someone out without all the money?

    My friends bail is $30,000 but I don't have the cash to cover the 10%. I own my house but its not paid off or have equity. I'm not sure what I can do.

    Jeffrey’s Answer

    Sometimes bail bondsmen will permit the person posting the bond (called the co-signer) to make payments on the ten percent bond fee. It will depend on the individual bondsmen and on the credit risk of the co-signer. Occasionally, bondsmen will issue a bond for a fee of less than 10% but there usually need to be some special circumstances.

    See question 
  • I have a 3rd degree theft misdemeanor that is to be deferred

    I'm just curious what this deferred sentence means. I took the class, I paid the fine, I did community service. I go in in ten days and they say it will be deferred. What does this mean? I don't want jobs to be able to see this, it happened a year...

    Jeffrey’s Answer

    A deferred sentence usually means that you actually plead guilty, but the court defers your sentence for a period of 6, 12, 18, or 24 months. If you maintain good behavior and comply with any requirements of the deferred, like complete community service or attend treatment of some sort, at the end of the time period, the charge gets dismissed.

    In most deferred sentence situations, the defendant has to carry a conviction on their record for the length of the deferral period, but at the end of the deferral period, the court vacates the person's guilty plea and then dismisses the charge. Once that happens, the person will no longer have the conviction on their record.

    See question 
  • What penalties am I looking at for failure to appear on a driving while suspended (dui) charge from clallum co.?

    I was unable to make the court apperance, and sent a letter explaining this, but never got ANY response. now there is a warrant. I am not a criminal - i own a buisness, and have kids. i dont even drink anymore. I have a new child on the way and i ...

    Jeffrey’s Answer

    The district court judge in Clallam County has a reputation for being very tough on people who miss court. I recommend contacting a local lawyer who can appear in court with you on a Motion to Quash warrant. The worst case would be that the judge ignores the reasons why you did not come to court when scheduled and has you booked in jail until you post a cash bond. That would likely mean you'd have to pay money into the court, which would be held to ensure your appearance at the next court date. But with a lawyer by your side explaining your reasons, the judge may listen and you could be released on your own recognizance.

    Now that's just dealing with the warrant and getting it quashed. If this is merely a DWLS 3rd degree charge and you now have your license back; and you have no other criminal history, in most courts that will culminate in the charge being reduced to a traffic infraction of not having a valid license and just a fine, c.a. $200 to $500.

    To locate a lawyer in Port Angeles, use the attorney search function here on AVVO and send an email to one you like asking for assistance.

    See question