Michael E Harbeson’s Answers

Michael E Harbeson

Lakewood DUI / DWI Attorney.

Contributor Level 7
  1. I got DUI last night.

    Answered about 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 about 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. Possible violation anti-harassment order.

    Answered about 1 month ago.

    1. Michael E Harbeson
    2. Joseph Anthony Breidenbach
    3. Patrick Owen Earl
    3 lawyer answers

    Typically, if there is a violation of a protection order, the police would be involved and the party should have contacted the police 4 months ago when the violation occurred. If the party goes directly to court, the court may ignore the claim and tell the party to make a report with the police. Its up to law enforcement and possibly the prosecuting attorney to decide if criminal charges should be filed with the court. Given the time frame that you mentioned, I believe its not likely that...

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

    Answered about 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

  5. I received a speeding ticket in california. I live in Washington state. Will this ticket effect my washington driving record?

    Answered about 1 month ago.

    1. Michael E Harbeson
    2. Vitaliy Kertchen
    3. Patrick Terrance Lackie
    3 lawyer answers

    Typically, out of state infractions will not be reported to the State of Washington. Your Department of Licensing record with Washington State should not have a record of an out of state infraction unless that State reports it to the State of Washington. However, your insurance company may still check out of state records for tickets but most insurance companies that I know only check their database and the State that you reside in. To be safe, I would do an on-line driving course and pay...

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  6. Can I be pulled over if the registered owner of the car has never had a drivers license in Washington state?

    Answered about 2 months ago.

    1. Michael E Harbeson
    2. Robert Daniel Kelly
    2 lawyer answers

    If you are driving the vehicle and are licensed to drive then you should not be stopped because of your girlfriend's license suspension. However, officers do run the license plates for the registered owner's license status and may check to see if your girlfriend is driving the vehicle. Officers are not supposed to stop the vehicle for this purpose when it is apparent that the driver doesn't match the physical description of the registered owner.

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

    Answered 21 days ago.

    1. Michael E Harbeson
    2. Valerie Semmes Bouffiou
    3. Larry Jerome Couture
    4. Patrick Owen Earl
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

  8. My wife got a traffic ticket for not right turning into the closest lane to her.

    Answered 2 months ago.

    1. Michael E Harbeson
    2. Scott Weymouth Lawrence
    3. Lucas Daniel McWethy
    3 lawyer answers

    I would go ahead and mail in the ticket requesting a contested hearing. The court may still schedule a contested hearing. The worst than will happen is that the court will find the infraction committed and impose the penalty. At that point, you can hire an attorney who can file a motion for good cause to reverse the finding of committed or you can pay the penalty.

    3 lawyers agreed with this answer

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

    Answered over 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

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

    Answered over 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

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