Michael P Brodsky’s Answers

Michael P Brodsky

Bellingham DUI / DWI Attorney.

Contributor Level 13
  1. I blew a .146 and I have no priors, what is my best action to take?

    Answered over 1 year ago.

    1. Michael P Brodsky
    2. Vitaliy Kertchen
    3. Scott Weymouth Lawrence
    4. Patrick Owen Earl
    5. Daniel Joseph Gerl
    5 lawyer answers

    DUIs are extremely complex and deserve the attention of an experienced attorney. There are many bases to challenge the stop, arrest and processing of your breathtest. The functioning of the Datamaster and the protocol followed by the officer and breath technician can all be challenged. It is imperative that you seek competent counsel as soon as possible.

    15 lawyers agreed with this answer

  2. How do I deal with my DUI warrent

    Answered over 1 year ago.

    1. Michael P Brodsky
    2. Brian Michael Sullivan
    3. Patrick Owen Earl
    4. Michael Maltby
    5. Lennard Anthony Nahajski
    6. ···
    6 lawyer answers

    Your first step will be to "quash" your warrant. This almost always must be done in person at the court. You can call the clerk of the court to find out when the court does warrant quashes. After 2 years the court will almost certainly have you post some bail to remain out of custody, but presenting yourself is much preferable to getting arrested and appearing in-custody asking to be released. A good attorney will go a long way toward keeping you out of jail and getting you a better outcome....

    13 lawyers agreed with this answer

  3. How strict is prosecution on offering a plea deal on 2nd DUI?

    Answered about 1 year ago.

    1. Michael P Brodsky
    2. Vitaliy Kertchen
    3. Patrick Owen Earl
    4. Jeffrey Patrick MacNichols
    5. Timothy Foster Lloyd
    5 lawyer answers

    While prosecutors are understandably less flexible when it comes to negotiating on 2nd offense DUIs, the only way to find out what the best offer is, is to have an attorney experienced in DUI defense evaluate your case. There are often important issues, not obvious to non-lawyers, that can help you get that better offer or even a dismissal.

    11 lawyers agreed with this answer

  4. Can I use a knife for self defense if someone older and bigger is attacking me inside a house so I can't escape? I can't fight

    Answered over 1 year ago.

    1. Michael P Brodsky
    2. Kenan Lee Isitt
    3. Craig Andrew Cahoon
    4. Aaron Lukoff
    5. Vitaliy Kertchen
    6. ···
    6 lawyer answers

    The law of Self-Defense is complicated, but in brief, RCW 9A.16.020 permits a person to use force in self-defense to defend themselves or another person who is about to be injured. However, the use of force cannot be more than is necessary to defend yourself or the other person. In other words, it must be a proportionate response and merely be assaulted in minimal way does not provide a basis for assaulting the attacker. And one cannot claim self-defense if they provoked or initiated the...

    11 lawyers agreed with this answer

  5. Does anyone know where I can find a list of approved first offenders DUI class in Washington State?

    Answered about 1 year ago.

    1. Michael P Brodsky
    2. Scott Weymouth Lawrence
    3. Patrick Owen Earl
    4. Richard Llewellyn Davies
    5. Ethan Patrick Meaney
    5 lawyer answers

    Its not exactly clear to me what California considers to be a "first offender DUI class" as we have no such animal here in Washington. That said, most 1st time offenders here must have an evaluation by a certified substance abuse counselor or agency. Typically that person will be found to have "no significant problem (NSP)" with alcohol and will be required to attend a single session of Alcohol and Drug Information School (ADIS)" that consists of an 8 hour class. Washington also requires...

    10 lawyers agreed with this answer

  6. BUI vs DUI?

    Answered about 1 year ago.

    1. Joseph C Rome
    2. Michael P Brodsky
    3. Scott Weymouth Lawrence
    4. Christopher Irvin Simser
    4 lawyer answers

    In actuality, not very. The same limits on alcohol levels (.08) and THC levels (.05) apply as do the so-called "affected by" prongs. The same penalties for refusing a test and the "implied consent statute" apply. In addition, law enforcement can obtain a search warrant for a blood test. Please feel free to call for a free consultation or further information.

    10 lawyers agreed with this answer

  7. How long can the state wait to charge a person with a dui? Its been months since the accident and we have had no info.

    Answered over 1 year ago.

    1. Michael P Brodsky
    2. James J White
    3. Patrick Owen Earl
    4. Lennard Anthony Nahajski
    5. Jonathan Burton Blecher
    6. ···
    7 lawyer answers

    The 'Statute of Limitation' for charging a gross misdemeanor, which includes DUI, is 2 years after it's commission, although there are some nuances and exceptions. So while it is unusual for a charge to take this long, it is not long enough to bar the charge altogether. You mentioned an accident. The delay could be related to that. For example, if a blood draw was taken it sometime takes a while for the test to be completed and a charging decision to be made. Further, if there were...

    10 lawyers agreed with this answer

  8. 20 yr old issued a ticket in Wa. St for BAC level of .039

    Answered over 1 year ago.

    1. Michael P Brodsky
    2. Jonathan David Rands
    3. Keola Aiona Siu
    4. Scott Weymouth Lawrence
    5. Patrick Owen Earl
    6. ···
    6 lawyer answers

    The short answer is YES. DUIs are serious, expensive, complicated and unpleasant and he should absolutely get a lawyer. One who is experienced in DUI defense. You are correct that the limit for minors in Washington is .02, but at .04 I would have hoped he would have been charged with Minor Operating a Motor Vehicle > .02, commonly referred to as Minor DUI, a less serious offense with far fewer consequences. He should certainly not settle for anything less than a reduction to that charge. As...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I am in the last 6 months of a deferred prosecution, and have been summoned to appear for a review. the summons says review AAs

    Answered 3 months ago.

    1. Emily Laz
    2. Michael P Brodsky
    3. Scott Weymouth Lawrence
    4. Russell Atkatsh
    5. Matthew Curran Knauss
    6. ···
    6 lawyer answers

    It seems likely that at least probation thinks you have an obligation to attend AA meetings and they have not received proof of regular or recent attendance. Not sure if this will be fatal to your DP but if your supposed to attend, I'd get on it pronto.

    9 lawyers agreed with this answer

  10. Deferred prosecution. Doctor prescribed meds? DUI

    Answered about 1 year ago.

    1. Michael P Brodsky
    2. Scott Weymouth Lawrence
    3. James Austin Davis II
    3 lawyer answers

    Hard to imagine why hormone treatment would be a problem, but you should check with your attorney and/or probation officer.

    9 lawyers agreed with this answer

If you’ve been charged with a crime or DUI, don’t wait. Call me now (360) 756-5120.

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