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David Nelson Jolly
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David Jolly’s Answers

72 total


  • Do i need a lawyer on my first court date on a dui

    2cd dui in 2 years part health problems

    David’s Answer

    This is absolutely no answer but an emphatic YES, you need a lawyer. There are mandatory penalties that WILL be imposed at your first court date and more Judges in Western Washington are imposing bail or even taking individuals into custody. You need protection from an experienced DUI attorney. You can get away without an attorney - most of the time - at an arraignment on a first DUI, but not a second. The world is changing ... fast.
    www.washdui.com

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  • If I got a DUI for marijuana, and I don't pass the drug and alcohol treatment, what will happen in court?

    It's been about three months since the incident. I am just now failing the drug test.

    David’s Answer

    First, I agree with the other attorneys that a correct and accurate answer to your question will depend on more details. However, being charged or convicted of a DUI involving marijuana is serious and failing a drug test may have significant consequences. However, those consequences depend on the conditions imposed by the Court - either at your arraignment or at the time of disposition (a plea). If the court ordered no use of marijuana - and you tested positive - the court has the power to impose additional jail. You must contact your original attorney or retain a new one to help you with this issue. If you are in treatment - it is important to discuss this issue with your counselor so it is documented and follow the course of treatment previously recommended or a new course of treatment if the counselor deems that more appropriate.
    http://washdui.com/Marijuana_DUI.php

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  • Can you refuse probation on a 2nd DUI in Skagit County in Washington State?

    I am not looking to retain legal representation as I'm indigent and forced to use the public defender. I use Marijuana for medical reasons that do not fall under the legal definitions of Washington and fear more trouble if denied access as per th...

    David’s Answer

    I would agree with the other responses that your question is a little confusing - however - the bottom line is you must obey the conditions imposed on you by the court and probation. If you do use marijuana medicinally in Washington and have such evidence (card), the court must be informed by your public defender so that the conditions of probation reflect this. A court, at its discretion may order you not to consume alcohol or "non-prescribed" drugs. If your marijuana is not prescribed and you're ordered not to consume it - do not consume it (or get a prescription). The Probation department may order random UAs and if you fail them you may be facing a mandatory 30 days of jail for every violation (if convicted of DUI). In Skagit County you may also be placed on pretrial probation if this is your second offense and random UAs are expected. Long story short - avoid the long arm of probation at all costs. They have power greater than what most people expect. Also, talk about these questions with your public defender as they are familiar with the Skagit County probation department and court procedures.
    http://www.skagitcriminaldefense.com/

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  • I missed my court date, dui case, what should I do?

    Hey my name is Lukas and I missed my court date that was issued on the 8-21-14. The reason why I missed it was cause I though it was on the 8-28-14, this whole time and when I was going t call my attorney and I saw that it actually was on the 21. ...

    David’s Answer

    It has been recommended that you call your attorney and naturally I agree. The answer to your question may ultimately be rather simple. If you were in a local court (for example, Snohomish County) there may be an option whereby you can appear at the court clerk's window, pay a small fee, and reset your court date. However, be cautious with this approach as you may be walking into a hornets nest. Long story short, if your criminal history is not poor there is a reasonable solution to this problem and should not involve any additional funds or jail - but it is important to talk to an attorney who is familiar with your case and criminal history. Good luck.

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  • Am currently on probation for a dui. Am not currently driving do I need to apply for an interlock

    Review hearing

    David’s Answer

    The easiest and most correct answer is no – you do not need to apply for an ignition interlock device if you are not driving. However, be certain that the court did not apply any restrictions that might be related. While it might be true that you need not install an ignition interlock device if you are on probation and not driving, the court may have required you to sign a driver status form that states you will not drive. If they ordered such a form be completed and you have not done so, you may still be violating the conditions imposed by the court.

    Law Firm of David N. Jolly
    http://www.skagitcriminaldefense.com/

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  • What is the statute of limitations for a DUI warrent

    I had 2 DUI about 10 years ago but did not go to my last court date on my first one and on the second one I never went to court to be convicted.

    David’s Answer

    The other attorneys are correct as the statute of limitations only applies to a DUI case and when the charge is actually filed by the prosecuting attorney. Once the charge is filed it is no longer an issue. However, related is the question how long will the warrant be an issue. This depends on the court. Typically a DUI warrant is continuing renewed and it is not uncommon for the renewal process to exceed 10 years. It’s important to take care of the warrant and this starts with a free consultation with a local DUI attorney.

    Law Firm of David N. Jolly
    http://www.whatcomcriminaldefense.com/

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  • May landowner prevent a tenants adult child convicted of DUI & assault of the tenant, be prevented from being live-in caregiver

    Adult child served Jail time for DUI in Nevada and convicted of assault of Mother in another state and has other convictions in California. Tenant allowed adult child to drive her car w/out a valid license or insurance.... caught speeding and drun...

    David’s Answer

    An interesting situation that clearly needs the assistance of an attorney - preferably in the local area. I agree with the previous responses that the lease agreement is what rules here. The property owner has no control over the caregiver but may indeed have control over who may reside or frequent the property. Check the lease and consult with an attorney. Most attorneys will give you a free consult so it is worth checking with a local expert in this field.

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  • DUI in Lynnwood in 2003, deferred. convicted in 2008 in 2007 DWLS 2nd w/no ins.

    I have a DUI in Lynnwood in 2003, deferred. Started the alcohol program 2 months-lost my job told I could not attend. Worked on and off w/ son to take care so couldn’t/didn’t do anything until I had a no contact in 2007 given 2 days in jail & to...

    David’s Answer

    • Selected as best answer

    Sorry to hear of your situation. You cannot go into this matter alone. The two courts you mentioned are not kind to defendants in such circumstances - particularly the Lynnwood matter. You must have counsel. What I would advise is consulting with a DUI attorney who is familiar with these two courts and Judges. The attorney could then advise you how to proceed. In terms of the DP in Lynnwood - it is likely Judge Moore will revoke the DP this resulting in a conviction of DUI. However you need an attorney to help keep the jail close to the minimum as Lynnwood is prone to requesting far more jail. The DWLS 2- if you have your license back then an attorney may be able to reduce jail and have the charge amended to DWLS 3 which will not suspend your license. However more information is required to be more specific. If you cannot afford private counsel then the public defender is the next best option. However you do need to address the warrants first. Please consult - in person or on the phone - with an attorney.
    David Jolly
    www.washdui.com

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  • Boyfriend second DUI charge. He has SCRAM bracelet on...how long will it usually be on?

    He's not hanging around his friends anymore and wants to focus on working out and outdoor activities. He can't even run without it constantly chaffing him! Obviously he can't stick anything in between it, so he can't run a marathon. He doesn't min...

    David’s Answer

    • Selected as best answer

    The only way, generally, to have the SCRAM removed is to either resolve the case or get an alcohol evaluation and begin treatment. Once in treatment your boyfriend's attorney can bring a motion to remove the SCRAM.
    Cal our office if you have any questions.
    David Jolly
    www.washdui.com
    (425) 493-1115

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  • Second DUI, violated probation for first one. Am I gonna get 120 days in Jail possibly?

    Got second DUI and have to go to court for the first one for probation violation. Am I gonna get 120 days in jail like Lindsay Lohan just got sentenced for 120 or her PV for stealing? Im scared, or do you think I may get what kind of punishments, ...

    David’s Answer

    Sorry to hear of your situation. Without knowing more I cannot be certain of the outcome however, I can make some generalizations.
    The mandatory sentence would be 30 days in jail for the probation violation on the prior DUI. Judges usually sentence you to the required punishment of 30 days and do not give you additional jail unless you have multiple prior probation violations. Depending on who the Judge is you may have to serve the 30 days in jail (serving 21 days if you are given credit for good behavior) and some Judges will consider alternatives to jail such as EHM. This is dependant on the Judge.
    It's best to sit down with an attorney in your area to discuss the specific details of your new charge and the violation of the probation.
    David Jolly

    Mukilteo DUI Attorney
    www.washdui.com

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