Michael E Harbeson’s Answers

Michael E Harbeson

Lakewood DUI / DWI Attorney.

Contributor Level 7
  1. I got DUI last night.

    Answered almost 2 years ago.

    1. Michael Steven Clark
    2. Jennifer Vickers Freeman
    3. Michael E Harbeson
    4. Nadine L. Bertman
    5. Cristine Beckwith
    6. ···
    7 lawyer answers

    I would at least take the time to consult with a private attorney. Most attorneys give free consultations and can pin-point your issues and concerns. The only problem with public defense is that they will not represent you with your Department of Licensing hearing and may not have the time to sit-down with you to discuss your case in detail. If the police officer punched a hole in your license and gave you a form to request a hearing with Department of Licensing then you only have 20 days...

    7 lawyers agreed with this answer

  2. I just received a second DUI. My first was 6 years, 10 months ago. Am I close enough to the 7 year mark?

    Answered almost 2 years ago.

    1. Nadine L. Bertman
    2. Scott Weymouth Lawrence
    3. Michael E Harbeson
    4. Cristine Beckwith
    5. Barbara Ann Bowden
    6. ···
    6 lawyer answers

    If you first DUI was in December of 2005 then this new DUI is within the 7 year time frame to be considered a second-offense DUI under the statute. It doesn't matter when they decide to charge you for the DUI it is actually the date when the DUI occurred to determine if it is within 7 years. If your breath test was above .15 then your mandatory minimum penalties for a second-offense will include 45 days in jail and 90 days of electronic home monitoring. If the breath test was below .15 then...

    6 lawyers agreed with this answer

  3. Can I be convicted of DUI marijuana if there was no drug test taken?

    Answered almost 2 years ago.

    1. Michael E Harbeson
    2. Morris Hugh Wiltshire Jr.
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    Yes, it is possible to convict someone of a DUI without any scientific evidence. The evidence may depend on the officer's observations including field sobriety testing. In normal drug related DUI investigations, the officer should have Drug Recognition Expert (D.R.E.) evaluate the suspect by conducting test and asking questions. That DRE could have gathered enough evidence independent of any scientific test to support a conviction for a DUI. I would consult an attorney as soon as possible...

    7 lawyers agreed with this answer

  4. Can I have a no insurance and no tab ticket deferred in WA state>

    Answered about 1 year ago.

    1. Robert M Lorey
    2. James D. Laukkonen
    3. Michael E Harbeson
    3 lawyer answers

    Yes, you can get a deferred finding for these tickets but beware! The Judge usually imposed the full fine for a deferred finding and can also order you to have no traffic violations for 12 months. The no insurance ticket alone is $550 and it is likely that expired tabs ticket you received was $124. Unless you have an insurance company like Progressive that increase your rate for no insurance tickets, these tickets are considered non-moving violations and most insurance companies will not...

    3 lawyers agreed with this answer

  5. Isn't it legal to posses marijuana in the state of Washington?

    Answered about 1 year ago.

    1. Lennard Anthony Nahajski
    2. Michael E Harbeson
    3. James D. Laukkonen
    3 lawyer answers

    Under the law, there is a zero tolerance for minors in possession of marijuana. There are some very good legal challenges right now in regards to possession of marijuana charges. As the law exists right now, it may be impossible for the prosecutor to actually prove a possession of marijuana charge due to problems with the evidence technicians being able to test for active THC. The legislature is currently working to fix this problem with the law and will likely relax the testing requirement...

    3 lawyers agreed with this answer

  6. Got in an accident and got charged with inattention to driving, but got license suspended a couple weeks later. Is DUI pending?

    Answered almost 2 years ago.

    1. Stan Glisson
    2. Ryan C Witt
    3. Kelsey E Ault
    4. Michael E Harbeson
    5. Christopher A Swaby
    6. ···
    6 lawyer answers

    There is a two-year statute of limitation for the government to file charges for DUI. If you were arrested within an unincorporated county then it usually takes 2-6 months for the prosecutor to review the police report and file charges. In most Cities, the officer has the discretion to issue the citation for DUI and give you a court date; however, some Cities now require the officer to first file the police report with the prosecutor before a charging decision is made. If this was an...

    3 lawyers agreed with this answer

  7. How can I help fix my husbsnds no proof of Insurance ticket?

    Answered 7 months ago.

    1. Scott Weymouth Lawrence
    2. Ryan W Cummings
    3. Michael E Harbeson
    3 lawyer answers

    The court will reduce the fine of $550 for the no insurance infraction. Depending on the court the fines can be reduced down to $250 or even less. The more significant infraction is the speeding infraction which is a moving violation and can cause your insurance company to raise your rates. I would recommend hiring an attorney who specializes with traffic violations to at least get the speeding ticket dismissed or reduced to a non-moving type violation.

    2 lawyers agreed with this answer

  8. I am trying to renew my driver's license after reckless driving charge.

    Answered about 1 year ago.

    1. Scott Weymouth Lawrence
    2. James D. Laukkonen
    3. Michael E Harbeson
    4. Vitaliy Kertchen
    4 lawyer answers

    Very likely its either that you need to pay a reinstatement fee and/or that you need a SR-22 insurance broad form policy filed with DOL. Try using their website at www.dol.wa.gov. and go to the driver's license tab. In there you can click on the tab about how to reinstate your license. You give them your information and it should tell you exactly what you need to do. Good luck!

    2 lawyers agreed with this answer

  9. I was pulled over for speeding mph in a 35 mph zone with a 50 mph sign in view. What charge should I expect to be mailed to me?

    Answered about 1 year ago.

    1. James D. Laukkonen
    2. Scott Weymouth Lawrence
    3. Michael E Harbeson
    3 lawyer answers

    I most cases where the officer stops an individual for speeding, the officer immediately issues a citation for speeding. It sounds like in your case that he is writing a report for the prosecutor's office to decide on a criminal charge, which most likely would be Reckless Driving. The Reckless Driving charge is a gross misdemeanor that carries a maximum penalty of 364 days in jail and/or a $5,000 fine. It also has a mandatory 30 day license suspension and SR-22 insurance requirement for 3...

    2 lawyers agreed with this answer

  10. Can I change deferral to contest?

    Answered about 1 year ago.

    1. Vitaliy Kertchen
    2. James D. Laukkonen
    3. Michael E Harbeson
    3 lawyer answers

    Its probably too late to go back to court and tell the Judge that you changed your mind about the deferred finding. However, you may be able to file what is called a "Good Cause" motion. This tells the Judge of some good reasons why to vacate the deferred finding and set a contested hearing. I believe you would have a better chance of success with such a motion if you hired an attorney.

    2 lawyers agreed with this answer