Sean D Mckee’s Answers

Sean D Mckee

Bellingham Criminal Defense Attorney.

Contributor Level 10
  1. How long does it take to be charged with dui/ reckless in Washington state?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Joshua Doull
    3. Sean D Mckee
    4. Tiffany Marie Archer
    5. Olga V. Blotnis
    6. ···
    8 lawyer answers

    I've seen the State take a whole year once. I wish it wasn't true but that's the way these things go. They will at least wait until they get the blood test back from the Tox Lab. Sometimes that's pretty quick other times it can take months. They will be looking not only for alcohol but also any illegal drugs or even any legal prescription medications in your blood. One day you will get a summons in the mail. That is the time you should start looking into hiring an attorney. Also, if your...

    9 lawyers agreed with this answer

  2. I got second dui last month they change to differed .

    Answered over 1 year ago.

    1. Samantha J Leage
    2. Sean D Mckee
    3. Patrick Owen Earl
    4. Anna K. Woods
    4 lawyer answers

    Usually these classes are not available online. You need to go back in person and start going to the classes again. If you can get back in compliance with treatment then you should be alright. If not then they will drop you from the Deferred Prosecution program and you will be found guilty of a second offense DUI and then put on probation and most likely put right back into treatment. Go back to class immediately.

    8 lawyers agreed with this answer

  3. Blowing below the legal limit of .08 in Washington and charged with DUI

    Answered over 2 years ago.

    1. Sean D Mckee
    2. Jamila Adia Taylor
    3. Andrew C Huff
    3 lawyer answers

    There are two ways to prove a DUI charge. 1) is that you were above a .08 withing two hours of driving, 2) is that you were "affected by" alcohol at the time of driving. Typically with a below .08 DUI charge the prosecutors abandon the .08 prong of the statute and instead go for the "affected by" prong. They don't have to prove that you were above a .08 so typically they won't even try it. Then can do what's called Retrograde Extrapolation to try to say what your limit would have been at...

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  4. Do i need to get a real lawyer or will a public defender be enough. As well as what am i facing realisticaly?

    Answered about 2 years ago.

    1. Sean D Mckee
    2. Jeffrey Anthony Skiendziul
    3. Noah E. Weil
    4. Michael Lawrence Doyle
    4 lawyer answers

    I would certainly suggest you get a public defender. The public defenders who handle felony cases are generally very experienced. While a private attorney has a lot more time to meet with you and be available for questions and give better customer service you should keep in mind that nobody handles more felony cases than the public defenders. These people know the courts and the prosecutors better than anybody. If you are not happy with the public defender then you might want to look into...

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  5. Can I still get charged with a DUI if the court lost my breath analysis?

    Answered about 1 year ago.

    1. Lennard Anthony Nahajski
    2. Sean D Mckee
    3. Michael P Brodsky
    4. Scott Weymouth Lawrence
    5. Patrick Owen Earl
    6. ···
    8 lawyer answers

    Yes they can. There are a lot of refusal cases where there is no breath test at all. They will go off of the sobriety tests and the officer's opinion of your impairment. They wouldn't be able to prove what level you were at but they could still proceed as a "No Test" case. The law specifically allows for it. No fun.

    7 lawyers agreed with this answer

  6. What’s the downside to pleading guilty to indecent exposure (R.C.W. 9a 88 010)?

    Answered about 2 years ago.

    1. Michael Steven Clark
    2. Lenell Rae Nussbaum
    3. Sean D Mckee
    4. Benjamin J Lieberman
    4 lawyer answers

    In addition to what has already been said about the possibility of future sex offender registration I would say that the biggest downsides to a guilty plea would be the criminal conviction on your record, future employers seeing this on your record, and the possibility of a psycho-sexual evaluation. The psycho-sexual eval is a big one. It not only costs around $3,000 but it is incredibly invasive and humiliating. I've spoken to people who have had to go through this and it is certainly a low...

    6 lawyers agreed with this answer

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  7. Got a Dui in skagit county beat the hearing..but feel like lawer is not doing anything for me..

    Answered over 2 years ago.

    1. Linda Medeiros Callahan
    2. Sean D Mckee
    2 lawyer answers

    I would first advise you to sit down and speak with your lawyer. He or she most likely does have experience with that court and every court is different. Next I would advise you to listen to Linda Callahan. She literally wrote the book on DUI defense. That being said, winning a DOL hearing and winning a criminal case are very different. The big difference is that the hearing is based solely on the police reports. When you try to make the same argument in court the prosecutor will...

    6 lawyers agreed with this answer

  8. Is a deferred DUI my best option, due to the cercimstances?

    Answered about 2 years ago.

    1. Sean D Mckee
    2. Scott Weymouth Lawrence
    3. Teresa Lynn Border
    4. Andrew Yi
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    I wouldn't go with a deferred prosecution. I never recommend that on a first offense. It's really only a good option for a second or third offense when you are looking at doing some serious jail time. The deferred program is very intense and you don't want to spend years doing treatment classes. Also, you might not even qualify for a deferred because of your age and this being a first offense. You would need to be able to show that you have a significant problem with alcohol and that...

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  9. Is it legal for prosecutor to threaten to amend charges to 1st degree if accused doesn't take a deal?

    Answered about 1 year ago.

    1. Lennard Anthony Nahajski
    2. Edward A Nelson
    3. Melissa Aura Keiko Odama
    4. Patrick Owen Earl
    5. Sean D Mckee
    5 lawyer answers

    It is legal for them to charge anything they have Probable Cause for. They do this all the time to force pleas and avoid trial. It is low and slimy and distasteful and I hate it. It is absolutely common practice. These are called "holdback charges."

    5 lawyers agreed with this answer

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  10. I got a subpoena in the mail for my neg driving 1st degree.

    Answered over 1 year ago.

    1. Scott Weymouth Lawrence
    2. Michael P Brodsky
    3. Sean D Mckee
    4. Patrick Owen Earl
    4 lawyer answers

    I would suggest hiring an attorney to help you out with this. What it sounds like to me is that even though you did everything you were supposed to do for the Neg 1, you are still on probation until 2015. So, getting a suspended license charge is likely a probation violation and that is probably what you are being summoned to court for. Even though you were on inactive probation getting a new criminal charge is still a violation of that probation. It's not easy to figure out the whole...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful