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Ryan Hogaboam

Ryan Hogaboam’s Answers

74 total


  • I got firstt DUI and I am going to trial when they arrested me they never read me my Rights and no probable

    They never gave me A reason why they pulled me over and they made me take the breathalyzer test 2 times

    Ryan’s Answer

    You only have to be read your Miranda rights when you are arrested (or detained in manner equivalent to arrest) and you are being questioned by a police officer. That said, it sounds like there might be some issues with the officer's investigation here. You should speak to an attorney to find out more about the strength of these issues.

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  • I was charged with a DUI 3 months ago but no charges have been filed?

    I had a blood and UA done at the hospital. Should I wait to get an attorney?

    Ryan’s Answer

    The toxicology lab seems to be taking longer than usual (due to, I assume, a recent court of appeals case). That said, courts don't HAVE to wait for the blood test results, and you could be charged at any time. Even if you don't retain an attorney right now, I would certainly begin talking to some local attorneys so you are not in a rush when the you get the summons to court.

    Plus, at a free consult, you could get these types of questions answered in depth, at no cost to you.

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  • What do I do when a tow truck driver refuses to let me redeem my vehicle when I wasn't even notified of the tow being authorized

    My bf was driving my truck and went arond the corner to cousins house parked along side of rd. Prkd truck not running and randomly cops show up force removd him n search the truck. They called a tow truck driver using a DUI accusation to get a tow...

    Ryan’s Answer

    Probably the easiest answer is to get a lawyer involved to call the two company up, determine what the issue is, and take the appropriate action on your own. It seems like you have exhausted the options personally available to you. I agree, however, that it may be a good idea to call the Department of Licensing. You might also try Volunteer Legal Services at the King County Bar or Tacoma Pierce County Bar.

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  • Can I get a deferred prosecution for a super extreme dui, first time in AZ. I want to go to treatment and avoid jail time, etc.

    I had a deferred in WA in 1993. Will it matter?

    Ryan’s Answer

    If this case was in Washington, your prior deferred prosecution under RCW 10.05 makes you ineligible for a subsequent one, as you are only allowed one per lifetime. However, since your subsequent charge is in Arizona, Arizona law controls. Thus, I defer to previous responses on the availability of deferred prosecution in AZ.

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  • 2nd offense DWI and was sentences 3Mo of house arrest, 18 L loss, and 6-12mo probation. Is it possible to get an early release?

    Please help me I want to get opinions for professionals. I was at all my hearings and passed all drug tests and have been clean of drugs and alcohol since the incident. I also have about 15-25 signed IDRC slips from aa/na meetings that I attende...

    Ryan’s Answer

    Your question is dependent on the law of the state where you were convicted. You mention New Jersey (NJ) and Pennsylvania (PA). But, the conviction state is unclear. You may want to try to post this question to the appropriate location for more helpful answers.

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  • What happens with a second Dui that occurred out of state at the court level? Will they charge him with a second offense in md?

    My brother got a dui in his home state Pennsylvania 2 years ago. He just got another one out of state in Maryland. I know that when they send the conviction into Penndot they will consider it a second offence on his driving record. But what I’m...

    Ryan’s Answer

    Generally, states will consider out-of-state DUIs as priors. Maryland law controls, so your brother should retain a lawyer there (and you may want to repost or change this question's location to Maryland).

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  • I had a seizure in a parking lot at a gas station. Someone called 911 & ambulance/police came. Arrested after refusing DUI test.

    I came to in a parking lot adjacent to a gas station. I had been on my way to pay rent to my landlord. I left at 10:30pm and awoke at 11:15 to an EMT at my window with no recollection of how I had gotten there. I told the EMT that I felt confus...

    Ryan’s Answer

    It seems like the officers believed you were operating a motor vehicle under the influence of drugs. Whether the officers' belief was reasonable depends on what they observed. Obviously, the blood test results will also be an important factor. With these unknowns, it is impossible to estimate the strength of the case against you.

    Retaining an attorney to make this assessment and advise you on the appropriate course of action is the next step.

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  • What action may Washington state take based on a California DUI which has already been cleared by the state of California?

    In 2012, while visiting California and driving a rental car with a Washington state driver's license, I got a DUI. My privilege to drive in California was suspended. However, after completing the suspension, fine, community service, and alcohol ...

    Ryan’s Answer

    I agree with previous answers. You can check the status of your license here: https://fortress.wa.gov/dol/dolprod/dsdDriverStatusDisplay/ and here: https://fortress.wa.gov/dol/dolprod/dsdreinstatements/

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  • I know someone who is a single father, mother has passed. He is facing his 2nd DUI in 7 years. Will he go to jail?

    this accident he was in was in Feb 2014. all the blood work has come back so we are assuming a warrant will be issues soon..?

    Ryan’s Answer

    A second DUI will result in mandatory jail time in most states. When jail time, and the collateral consequences of jail time, is at stake, it is all the more important to hire an attorney as early as possible. An attorney can look at factual and legal issues to argue/negotiate for a amended charge or dismissal. If it goes that far, good facts can mean an acquittal at trial.

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