Vitaliy Kertchen’s Answers

Vitaliy Kertchen

Federal Way General Practice Lawyer.

Contributor Level 15
  1. Does the washington state patol have to have a search warrant to take blood, when they make a dui stop?

    Answered over 1 year ago.

    1. Patrick Owen Earl
    2. Vitaliy Kertchen
    3. Joseph C Rome
    4. Scott Weymouth Lawrence
    5. Thomas A. Mackin
    6. ···
    6 lawyer answers

    The answer is yes and no. You are given the choice to give blood or not and that doesn't require a warrant. If you say no, then the trooper can forcefully take your blood only after receiving a warrant. You have to hire a lawyer now.

    15 lawyers agreed with this answer

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  2. I got a DUI for weed the other night I need to know what’s going on and I need some help understanding what’s going on.

    Answered over 1 year ago.

    1. Joseph C Rome
    2. Vitaliy Kertchen
    3. Jonathan David Rands
    4. Kevin D. Yaldoo
    5. Patrick Owen Earl
    6. ···
    8 lawyer answers

    You need a lawyer. With I-502's passage, if you had five or more nanograms of THC in your blood, you're presumed under the influence (much like someone with an alcohol concentration of .08 or more is presumed under the influence). Did you submit to a blood test? If so, it will be a couple of weeks/months before those results are available because the state toxicology lab has to run your blood. In the meantime, you need to start preparing a defense and the first step in that is hiring a...

    13 lawyers agreed with this answer

  3. DUI in Pierce County - is Deferred Prosecution available for a first time DUI? The BAC was .02

    Answered over 1 year ago.

    1. Shane M Silverthorn
    2. Vitaliy Kertchen
    3. Andrew C Huff
    4. Patrick Owen Earl
    5. James Edmund Oliver JR
    6. ···
    6 lawyer answers

    Don't waste the DP on this. A DP takes five years and over $6,000 in treatment. This is essentially a punishment in itself that is far beyond any you're likely to face with a .02 blow. If you're over 21 and blew a .02, trial should be a very real option you need to be considering. Hire a qualified lawyer to discuss all of your options. Make sure you're represented by counsel. Don't expect the prosecutor to be giving you deals just because you blew a .02. You still need an attorney to negotiate...

    12 lawyers agreed with this answer

  4. Can I use medical marijuana while on probation, in Lakewood WA, without violating the terms of my probation/getting in trouble?

    Answered about 1 year ago.

    1. Vitaliy Kertchen
    2. Michelle Teresa Dellino
    3. Patrick Owen Earl
    4. James Donald Garrett
    4 lawyer answers

    You'll need to look at the conditions of your probation. If one of the conditions is "do not consume alcohol or non-prescribed drugs," then you may not use medical marijuana because medical marijuana is not technically prescribed under state law. It is authorized. There is a legal distinction because prescriptions are regulated by federal law, and marijuana is illegal under federal law. Still, you may want to hire an attorney for the limited purpose of asking for a hearing in order to get...

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  5. I made an alford plea. Can the court say I was convicted of the original charges later in a custody visitation case?

    Answered over 1 year ago.

    1. Vitaliy Kertchen
    2. Thuong-Tri Nguyen
    3. Scott Weymouth Lawrence
    4. Charles K. Kenyon Jr.
    5. Richard Stephen Jaffe
    5 lawyer answers

    The Alford plea is still a guilty plea, it just doesn't necessarily admit any wrongdoing, but rather it's an understanding that there is enough evidence that if you went to trial, the jury would likely find you guilty, and you don't want to risk it. If the charges were dropped from rape to some lower DV related charge in exchange for your Alford plea, then you're guilty only of whatever you actually plead to. If the court ordering visitation is misinformed, you need to contact the court and...

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  6. Can a assault charge be dropped

    Answered over 1 year ago.

    1. Vitaliy Kertchen
    2. Kenan Lee Isitt
    3. Frank Mascagni III
    4. Stephen Ross Cohen
    5. Paulette R Burgess
    6. ···
    6 lawyer answers

    Any charge can be dropped for any reason. The trick is talking the prosecutor into dropping the charge. For that, you need an attorney advocating for you. Assault requires intent. If your bipolar disorder prevents you from forming the necessary intent, that may be a defense. Hire a lawyer.

    11 lawyers agreed with this answer

  7. I am on probation for DUI in Seattle, WA and was reported non-compliant by my treatment center. I have a review hearing 2/4/13.

    Answered over 1 year ago.

    1. Vitaliy Kertchen
    2. Hussein Karmali
    3. Jessica Lorene Campbell
    4. Daniel Joseph Gerl
    5. Jan Phillip Olson
    5 lawyer answers

    If you can afford a lawyer, it's always helpful to retain one. If you can't, you can probably handle this by explaining the situation and showing that you took immediate and proactive steps to remain in compliance. Missing a UA with a legitimate reason is better than having a dirty UA.

    11 lawyers agreed with this answer

  8. Someone please summarize WA State DUI: Corpus Delicti & Prima Facie evidence (DUI requires 2 things simulataneously), please?

    Answered over 1 year ago.

    1. Jonathan David Rands
    2. Joseph C Rome
    3. Patrick Owen Earl
    4. Vitaliy Kertchen
    5. Frank Mascagni III
    6. ···
    6 lawyer answers

    The cop likely demanded blood, not breath, at the hospital. Your question includes too many moving parts to be competently handled on Avvo. You need to consult with a criminal defense attorney in your area.

    11 lawyers agreed with this answer

  9. Will a second DWI in 5 years result in automatic jail time or would you have the options of electric home monitoring?

    Answered over 1 year ago.

    1. Luke Edward Baumgarten
    2. Patrick Owen Earl
    3. James J White
    4. Vitaliy Kertchen
    5. Michael Edward Haas
    6. ···
    7 lawyer answers

    They are called DUIs in this state. A second DUI conviction in five years results in a mandatory thirty days in jail, followed by sixty days of mandatory EHM that may be converted to four additional days in jail.

    11 lawyers agreed with this answer

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

    Answered 10 months ago.

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

    An offer of "plead guilty with mandatory minimums" is considered a reasonable offer on a second DUI, absent any legal issues with the case. You should consider a deferred prosecution, which would allow you to avoid jail, but will require two years of treatment followed by three years of probation. Consult an attorney.

    10 lawyers agreed with this answer