David Nelson Jolly's Answers

David Nelson Jolly
Mukilteo DUI / DWI Attorney.
Contributor Level 13

3

Attorney answers:

  1. David Nelson Jolly
  2. Andrew Christian Olmsted
  3. Brian Charles Ashbach

My second DUI is in progess, taking 6 month class went to jail. Got summoned for First DUI to answer to Everrett court. Help?

Asked by a user in Lynnwood, WA - about 1 year ago.

As another attorney informed you, get a good DUI lawyer. That being said, let me advise where I can as I am both courts that you mention regularly. The simple truth is this, if you have a DUI conviction and then a subsequent conviction within the probationary period (5 years) the Judge can impose a penalty not less than 30 days of jail (for the Everett case). Most of the time this occurs despite passionate pleas against it. However, in some courts Judges are open to not imposing the jail in...

Selected as best answer

3

Attorney answers:

  1. David Nelson Jolly
  2. Lewis Dallas Keikialii Cooney
  3. Kelly W. Case

Moving to Washington with restricted license

Asked by a user in Seattle, WA - over 1 year ago.

As previously stated, you must contact the DOL before entering Washington State. The Idaho restrictive license only permits you to drive in Idaho, so it would not be considered a lawful license in Washington. To be eligible for an IIL, your driving record must show all of the following: -You’ve been arrested or convicted of any of the following: DUI or Physical Control involving drugs or alcohol; Vehicular Assault involving drugs or alcohol; or Vehicular Homicide involving drugs or...

Selected as best answer

2

Attorney answers:

  1. David Nelson Jolly
  2. Scott Weymouth Lawrence

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

Asked by a user in Mukilteo, WA - about 1 year ago.

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...

1 lawyer agreed with this answer

1 person marked this answer as helpful

3

Attorney answers:

  1. Scott Weymouth Lawrence
  2. Travis S Jones
  3. David Nelson Jolly

Are there any circumstances by which WA State prosecutors would notify anyone other than the pantiff that DUI charges were filed

Asked by a user in Lynnwood, WA - about 1 year ago.

The other answers to your question were correct and I don't want to repeat them. However, I do want to add that even though the prosecuting attorney will mail the notice to the address they have on file, there is a cautionary tale. Not too long ago the Prosecutor's Office did contact a defendant's employee, the military. They proceeded to inform the military of a defendant's situation and the defendant was discharged. They shouldn't have but they did. Word to the wise, always be at court...

1 lawyer agreed with this answer

3

Attorney answers:

  1. David Nelson Jolly
  2. Adrian Martinez Madrone
  3. Kevin Francis Guyette

Can the DA be contacted prior to charges filed in a DUI to explain circumstances & stop any charges; this is in WA state..

Asked by a user in Lynnwood, WA - over 1 year ago.

The DA could be contacted prior to charging and in rare cases this may help. However, it is highly unlikely that anything communicated to the DA prior to charging will change their mind. The typical response from a DA is we'll file the DUI and bring any and all issues once the case has been filed. More policy than anything else. David Jolly www.washdui.com

1 person marked this answer as helpful

2

Attorney answers:

  1. David Nelson Jolly
  2. Linda Medeiros Callahan

Will health issues be taken into consideration for failing physical testing for DUI in WA state?

Asked by a user in Lynnwood, WA - over 1 year ago.

Field sobriety tests (FSTs) and their validity, rely on the officer following the standardized protocol and the subject being considered "normal." First, the officer must deliver the instructions for the field sobriety tests in exact accordance with the NHTSA protocol. NHTSA is the governmental organziation that "standardized" the three FSTs. Hence, if the officer did not advise you that the tests were "voluntary," and more importantly, you can get him to admit that (good luck, but it does...

1 person marked this answer as helpful

3

Attorney answers:

  1. Scott Weymouth Lawrence
  2. Dean Tze-Ming Chuang
  3. David Nelson Jolly

I have a DUI and it was finalzed as DUI with No Test. what does that mean?

Asked by a user in Everett, WA - about 1 year ago.

If your initial DUI charge was a DUI with a Refusal of the BAC then technically a "No Test" DUI result is better. However, it is still a conviction of DUI and on paper looks the same as the original charge. The difference is that a "No-Test" DUI has penalties that are less harsh that the original "refusal DUI." In summary, better yes, but not much better. Whether this was an acceptable result depends on the facts of the case which I do not know. If your driving was not horendous, you did...

4

Attorney answers:

  1. Mark R Stephens
  2. Travis S Jones
  3. David Nelson Jolly
  4. Yevgeny Jack Berner

How can you get 8 DUI's and still be on the street?

Asked by a user in Everett, WA - over 1 year ago.

Sorry to hear of your situation. It is often more difficult for the spouse of a defendant than the defendant himself. Very good question. To be honest I'm surprised that your husband is not in custody. Perhaps bail was set and your husband bailed out. Knowing the Everett Judges as I do (whether it be in Snohomish County District Court or Everett Municipal) I would think that if you husband is not in jail (and was either PR'd or bailed out) there would be very strict conditions - such as no...

4

Attorney answers:

  1. David Nelson Jolly
  2. Yevgeny Jack Berner
  3. Kelly W. Case
  4. Rohn Conan Barrow

Does two possession charges affect an alcohol/drug eval. ? Is the counselor required to do anything more?

Asked by a user in Tacoma, WA - over 1 year ago.

The two possession charges may affect the evaluation. If the two possession charges were charged at the same time as the DUI it may not have a severe consequence on the outcome (as the three charges stemmed from the same incident). However, if the two possession charges were separate to the DUI then they will absolutely have a deterimental effect on the evaluation. Speak to an attorney prior to the evaluation as you must proceed cautiously. Also, only go to a treatment center recommended by...

2

Attorney answers:

  1. David Nelson Jolly
  2. Basil David Beck III

My Financee' got a DUI in New Mexico with his WA license in June of 2007! He has done all of the stuff he was supposed to and

Asked by a user in Lynnwood, WA - over 1 year ago.

First thing is to ensure that all outstanding matters in New Mexico are taken care of. The SR 22 insurance is required for three years. Once the three years is up you do not need to continue with this insurance. However, I question why he has needed it for over three years. Did he have an issue other that the DUI? Is this his only DUI? Feel free to contact me if you want to discuss - my office is up the street in Mukilteo. DISCLAIMER: This answer is provided for general educational...