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Michael E Harbeson

Michael Harbeson’s Answers

49 total


  • I am trying to get my license but connotation due to a dui that has caused me to become 1degree habitual.

    I continued to drive for work and my status turned revoked habitual. I have completed outpatient treatment but due to the first degree tickets I am still having trouble getting my license. What do I do?

    Michael’s Answer

    You need to apply for what is called a HTO stay with the Department of Licensing. You may qualify for a hearing for a stay of your HTO status if you treatment agency states on what is called a "Blue form" that you are an alcohol abuser and have completed at least 60 days of treatment.

    Once the treatment agency sends that "Blue form" to DOL and you may a request for a Stay of HTO hearing then the Department of Licensing will notify you of a telephone hearing to see if you qualify. The are some legal pitfalls to avoid when doing that hearing so you need to hire an attorney experience with these re-licensing issues. If the hearing examiner grants your Stay request, you will need to sign an agreement with the Department of Licensing that states you will not commit certain crimes for one-year. Although, DOL may rescind the HTO status, you may still have to get a restricted license, depending on your driving record.

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  • Is there any way a judge would drop the manditory 30 day jail for a dwi probation violation?

    i got a dwi back in dec 2010. Got sober on my own last year. I attended outpatent at Agape. I graduated. I had 11 months before I relapsed. I still angry with a lot of resentments from my childhood until my adulthood. I was beaten by my mom, ...

    Michael’s Answer

    If you were convicted of a DUI and the Judge still has jurisdiction on that DUI, the Judge by law has to imposed 30 days of "confinement" if one of the following has happened: (1) caught with no valid driver's license or proof of insurance, (2) had a subsequent BAC test greater than .08, and (3) refused a BAC test. Any other violation is discretionary with the Judge as to the sanction. Even under the mandatory law, most Judges interpret the word "confinement" to allow alternatives to jail, such as electronic home monitoring (EHM). The EHM option would allow you to continue with your treatment program.

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  • To expunge a misdemeanor charge I have to wait at least 3 years after conviction. Does this include the 2 year probation period?

    So total of 3 years since conviction or a total of 5 years since conviction?

    Michael’s Answer

    No, it does not include the probation and it depends on what type of misdemeanor that you are trying to expunge. Most misdemeanors, except for DUIs and Domestic Violence charges, you can ask the court to expunge 3 years after fulfillment of your judgment and sentence. Fulfillment of your judgment and sentence also means have no new criminal law violations during your probation period. The Judge also has discretion to not expunge the misdemeanor.

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  • DUI case pending. Was pulled over again,investigated for DUI. Passed all. Will this be on my record? Can judge see I was stopped

    I have a current DUI case pending in court from this past September. Meanwhile this weekend I was detained by the original (same) officer in my DUI case and asked to perform a field sobriety test . (note: I was stopped in the road to pick my wife ...

    Michael’s Answer

    Likely not. If you were not arrested and given the opportunity for a Breath Alcohol Content (BAC) test then it is highly unlikely that the officer will refer a report to the prosecutor for charges.

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  • I know that WA state law determines who can see what on my driving record. What can potential employers see?

    I have a Negligent Driving 1st Degree conviction that was reduced from DUI and recorded in 2008 through deferred prosecution (incident occurred in 2005). I just obtained my complete driving record and it shows up. Can potential employers see it?

    Michael’s Answer

    Yes. The most important part of any employment application is to tell the truth on the application. Always assume that any potential employer can find any conviction from your past. Although you have not been convicted of the DUI in 2008 due to the Deferred Prosecution, any potential employer will see it and likely question you about what happened.

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  • DUI 5 year question

    From what date does a Negligent Driving 1st degree reduced from DUI begin? Date of conviction, or infraction?

    Michael’s Answer

    For your insurance purposes, it starts from the date of the incident. For the court's jurisdiction purposes it begins from the date of your sentencing or conviction.

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  • DUI and CDL

    I Hold a CDL drivers license. Couple years ago I was pulled over for DUI in personal vehicle, and blew over the legal limit. Couple months later I win my WA DOL hearing. License never suspended, CDL never revoked. I ended up getting a Neg 1 in cri...

    Michael’s Answer

    The only way your CDL can be suspended in the scenario that you described is if you have another major moving violations within the 3 years of your conviction for Negligent Driving in the First Degree. Another major moving violation can include a speeding infraction for 15mph over the legal limit or a following too close infraction. If the Negligent Driving triggered such a suspension then you should be notified by mail from the Department of Licensing.

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  • If you were convicted of Assault 2 but had your right to posess firearms restored, can you get a Concealed Pistol License in WA?

    On page three of the application, federal law says no if you have been convicted of a felony punishable by one year or more, if the law of the convicting state prevents possession of a firearm. But if you get your rights back would that still appl...

    Michael’s Answer

    If your rights have been restored by the State where the felony conviction happened, then it is up to the Federal Government. If the Assault 2 was domestic violence related then the Federal Government will likely deny the concealed weapons permit. However, you may way to look into getting that felony expunged from your record. You may qualify so long as you've had no criminal offenses since that felony conviction.

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  • I missed a mitigation hearing that I requested after receiving a ticket for driving with expired tabs. What should I do?

    I got pulled over for driving with expired tabs a month ago. The officer handed me a penalty of 200 odd dollars, since my tabs were expired for more than two months. I immediately renewed my tabs, and requested a mitigation hearing. However, I ...

    Michael’s Answer

    You should write a letter explaining why you missed your mitigation hearing and the Judge may grant another hearing. Otherwise, you may have to pay the full fine of $200 to avoid the fine going to collections and a possible license suspension.

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  • Am I allowed to inquire about my husbands bail? There is a no contact order.

    He was arrested for violating it. Which neither of us wanted to happen! All I want to know is whether or not I can call to find out how much his bail is without getting him in more trouble.

    Michael’s Answer

    Check with the jail that is holding your husband or with the court. So long as you are not actually contacting your husband there would be no violation. Most jails and courts have public access and you may be able to check the bail on-line.

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