Michael P Brodsky's Answers

Is there any cost if I request a contested hearing for speeding tickets?

I have handled hundreds of tickets in Bellingham and Whatcom and Skagit counties. There is no cost to requesting a contested hearing and and the courts around here do NOT impose court costs on top of the fine if the infraction is found to be committed. Your likelihood of prevailing is highly dependent on which court the ticket is in. In most case I can get the case dismissed or reduced to a non-moving violation with a fine, but no license or insurance repercussions. I charge $250 and you won'...

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I was arrested and cited for a "Minor .02 Violation", what are my options? Do I need a lawyer?

The good news is that a "Minor Operating after Consuming Alcohol" which is what you are charged with, is much preferable to an adult DUI. The bad news is that you can still end up with a 90 license suspension if you do not prevail at the Dept. of Licensing Administrative hearing. You must request that hearing with in 20 days or you waive your right to it and your driving privilege will be suspended. It may be worthwhile to request a fee waiver to save the $200 hearing fee, but don't send a...

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What is the minimum punishment for a probation violation, unsupervised, for a second DUI?

Unfortunately, RCW 46.61.5055 (11) (a) & (b) mandates a 30 day jail sentence for certain violations of conditions of probation including "not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving;" It may be helpful to have an attorney with familiarity with your court to help you out in eliminating or minimizing the consequences.

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I got into a car accident when i was drinking and i hit someone, went to hospital, walked away.

If you are convicted of the new (3rd) DUI, it will automatically revoke the deferred prosecution and you will be sentenced to at least the mandatory minimums for a 2nd offense DUI, 30-45 days jail and 60-90 days electronic home detention. The 3rd DUI as charged (refusal) will carry a mandatory minimum 120 days plus 150 days electronic home detention. There are of course monetary and licensing consequences as well. However, even if the hospital drew blood, you may be able to prevent it from...

Concerned about DUI resulting in deportation

I generally agree with Mr, Nguyen's answer. However, if the person is undocumented, even temporary incarceration can lead to an ICE hold and subsequent deportation. Anyone in that position should certainly consult an attorney to avoid any exposure to ICE.

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

There are exceptions to the IID requirement where there is no evidence of alcohol consumption. But I agree with my colleague: CONSULT AN ATTORNEY!

Do you need an attorney to ask for deferred prosecution in a dui?

While there is no requirement of legal representation to enter a deferred prosecution, some judges require it. In any event, I strongly urge you to seek representation before entering a deferred prosecution or accepting a plea offer from the prosecutor. DUIs are very complicated cases with lots of collateral consequences. I am always reluctant to recommend a deferred prosecution on a first offense because you can only get one in your lifetime. Here are some deferred prosecution FAQs: DUI /...

I received a DUI in GA state in 2007. I now live in WA state. Do you know any places to do my DUI school at?

I would contact an attorney in Georgia to make sure that the agency you go to in Washington complies with Georgia's requirements. Every state is different.

WA state DUI laws and criminal procedure, will getting a ticket for expired license tab affect DUI deferred prosecution

Because this just an infraction and not a criminal or alcohol related offense, it should not effect your deferred prosecution.