Michael P Brodsky’s Answers

Michael P Brodsky

Bellingham DUI / DWI Attorney.

Contributor Level 13
  1. How to fight DUI civil and criminal charges and what are my likely sentence?

    Answered 5 months ago.

    1. Michael P Brodsky
    2. Joseph C Rome
    3. Jacob Brian Smith
    4. Michael D. Litman
    5. Valerie Semmes Bouffiou
    6. ···
    6 lawyer answers

    Despite a breath test below the legal limit - .08 - you can still be convicted of a DUI based upon proof that you were "affected by" your use of alcohol and /or drugs. The good news is that it is likely that DoL will take no action because you were under .08. But to avoid the very severe consequences of being convicted of a DUI, get yourself a good lawyer experienced in DUI defense.

    15 lawyers agreed with this answer

  2. I blew a .146 and I have no priors, what is my best action to take?

    Answered about 2 years 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

  3. What do I do if I received a summons to appear in court for a DUI, but I have moved out of state?

    Answered 5 months ago.

    1. Valerie Semmes Bouffiou
    2. Michael P Brodsky
    3. Joseph Anthony Breidenbach
    4. Jacob Brian Smith
    5. Andrew Eugene Cherin
    6. ···
    9 lawyer answers

    In addition to what the other 3 attorneys who answered wrote, if Washington suspends your driving privilege, which will almost certainly happen if you don't deal with your case, Arizona will likely recognize Washington's suspension and you may lose your driving privileges there along with nearly all of the other states.

    14 lawyers agreed with this answer

  4. How do I deal with my DUI warrent

    Answered almost 2 years 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

  5. I am facing a DUI charge for an auto wreck, can they take my bac w/o consent?

    Answered 6 months ago.

    1. Michael P Brodsky
    2. Vitaliy Kertchen
    3. Joseph Anthony Breidenbach
    4. Valerie Semmes Bouffiou
    5. Paul McGlone
    6. ···
    7 lawyer answers

    If you were taken to a hospital where there is no breath testing device, then the police would need a search warrant before they can have a blood draw performed , regardless of whether or not you consent. In other words, if they took a blood sample they must get a warrant.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 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

  7. 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 about 2 years 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

  8. From WI was vacationing in WA, and got a DUI. Appearance is 10/30. Wisconsin is not a 'reporting' state. Should I appear?

    Answered 5 months ago.

    1. Michael P Brodsky
    2. Andrew Eugene Cherin
    3. Patrick Owen Earl
    4. Jacob Brian Smith
    5. Valerie Semmes Bouffiou
    6. ···
    8 lawyer answers

    I agree with my colleague that just ignoring this is not a good idea. Even if Wisconsin does not take any action on your license, other states will almost certainly honor Washington's suspension of your driving privilege which will expose you to a new criminal charge anytime you are driving out of state. You are correct that there is a "safely off the roadway" defense, but it is only available if you are charged with "Physical Control" and, in my experience, most prosecutors would rather...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. DUI for marijuana, should I hire a lawyer?

    Answered 3 months ago.

    1. Andrew Eugene Cherin
    2. Jakob Daniel McGhie
    3. Matthew Robert White
    4. Michael P Brodsky
    5. Leah Elizabeth MacLaughlan
    6. ···
    7 lawyer answers

    Absolutely. The new marihuana DUI laws are new and every bit as serious and complex as alcohol DUIs. So you need an experienced DUI attorney to help you challenge it.

    10 lawyers agreed with this answer

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

    Answered over 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

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