Michael E Harbeson’s Answers

Michael E Harbeson

Lakewood DUI / DWI Attorney.

Contributor Level 7
  1. Will the Judge likely give me a deferral?

    Answered about 1 year ago.

    1. James D. Laukkonen
    2. Laura Kathleen Keys
    3. Angela L Dawes
    4. Michael E Harbeson
    4 lawyer answers

    If you hire an attorney then the attorney should be able to change the hearing from a mitigation hearing to a contested hearing. The attorney has a good chance of either getting the ticket dismissed or having the prosecutor agree to reduce the speeding ticket to a non-moving infraction. In most courts, such as King County District Court where I believe your ticket will be filed, so long as you have an attorney representing you then you will not need to be present. If you want to represent...

    2 lawyers agreed with this answer

  2. Speeding Ticket in Washington...Claimed I was going faster than I was and would not show me the radar. Should I fight this?

    Answered almost 2 years ago.

    1. Teresa Lynn Border
    2. Michael E Harbeson
    3. Chong Hae Ye
    4. Alexander Phillip Jensen
    5. Michael J Silveira
    5 lawyer answers

    If you want to pay attorney fees to fight the ticket and possibly have the ticket not go on your driver's record then I would fight it. If you plan on fighting the ticket without the benefit of an attorney then your argument that you were not shown the radar reading when you requested to see it is not going to win your contested hearing. Often times there are other issues that you may not be able to know about unless you hire an attorney. If you can't afford an attorney and would like to get...

    2 lawyers agreed with this answer

  3. My fiancé was on probation for 4th deg assault (misdemeanor ) and she left the state for 9 months.will there be a arrest warrent

    Answered about 1 year ago.

    1. Patrick Owen Earl
    2. Michael E Harbeson
    2 lawyer answers

    It really depends on the probation officer. If she still had requirements to complete on her case and still had to meet with her probation officer, then the probation officer could note a violation to the court. If that happens then the court would likely set a court date for her appearance and if she fails to appear for that hearing then a warrant for her arrest could be issued. You might want to get an explanation of what is going on with your fiancé's life to the Judge now before...

    1 lawyer agreed with this answer

  4. D.W.I

    Answered about 1 year ago.

    1. James D. Laukkonen
    2. Michael E Harbeson
    3. Patrick Owen Earl
    3 lawyer answers

    Do not plead guilty without first having a consultation with an attorney. The officer will likely testify that he read you the Miranda warnings, so it is not necessary for you to actually sign the form. The question will be whether the officer properly read you the Miranda warnings and when. The other detail regarding the color of your car may go to the officer's credibility but ultimately the evidence you want to challenge is the breath test readings. Every court is different in handling...

    1 lawyer agreed with this answer

  5. DUI that was reduced to a reckless driving charge. Can I get this espunged and will this show up on employment backgroud check

    Answered over 1 year ago.

    1. Christopher A Swaby
    2. Lennard Anthony Nahajski
    3. Robert Laurens Driessen
    4. Michael E Harbeson
    5. Gary A Kester
    5 lawyer answers

    Under the recent change in the law, you have to wait 10 years from the date that the court closes the file on the Reckless Driving charge to ask the Judge to expunge it from your record. Prior to August 1, 2012, you only had to wait 3 years from the date your case was closed. Even if it has been 10 years from the date of the file being closed, you need to have no pending cases or subsequent criminal convictions to qualify. The Judge ultimately has the discretion to not expunge the conviction...

    1 lawyer agreed with this answer

  6. Is it possible to settle a domestic violence warrant without returning to Washington? This is incident is from about 7 years ago

    Answered almost 2 years ago.

    1. Lennard Anthony Nahajski
    2. Michael E Harbeson
    3. Dave Hawkins
    3 lawyer answers

    Yes, an attorney may be able to quash the warrant but the court will set a hearing for her to appear. Unfortunately, she will likely have to appear in court at least once to resolve the outstanding charge. An attorney can be very helpful in limiting the number of court appearances that she would have to attend but since finances are an issue, she will likely have to appear in person to quash the warrant and see if she qualifies for a public defender.

    1 lawyer agreed with this answer

  7. I am charged with Domestic Violence 4 - I'm asking if the witness to this has to appear in court to testify? This was minor _

    Answered almost 2 years ago.

    1. Michael E Harbeson
    2. Krisztian G Carrasco
    3. Dave Hawkins
    4. Henry Lebensbaum
    4 lawyer answers

    You should consult an attorney regarding your case. The prosecutor will issue a subpoena for your son to testify and they do have the option of requesting a material witness warrant if your son does not show-up for court. Although your son may testify in your favor, the prosecutor may try to use other evidence or even your son's initial statement as evidence. Domestic Violence cases are typically very tough for the prosecutor to prove when they are faced with a victim who doesn't want to...

    1 lawyer agreed with this answer

  8. Is a traffic ticket (for expired tabs) invalid if the officer entered the incorrect location on the ticket?

    Answered 6 months ago.

    1. Scott Weymouth Lawrence
    2. Michael E Harbeson
    3. Jessica Lorene Campbell
    3 lawyer answers

    I would look at the court where the ticket is filed at. Edmonds has their own Municipal Court while Mountlake Terrace uses the Snohomish County District Court. If the case is filed in Edmonds you may be able to argue that the Officer didn't have jurisdiction under certain case law unless the prosecutor or the court produces an inter-local agreement with the Mountlake Terrace Police Department. If the case is filed in Snohomish County District Court you may argue that the case should have...

    1 person marked this answer as helpful

  9. Can a traffic citation be dismissed in court then be re-filed under a new citation number to recharge me for the same incident?

    Answered over 1 year ago.

    1. Michael E Harbeson
    2. Patrick Owen Earl
    2 lawyer answers

    It depends if the Judge dismissed the case with prejudice or without prejudice. Without prejudice means that the prosecutor can re-file the citation. With prejudice means that the case is closed and cannot be re-opened. I would look into consulting with attorney because even if it was re-filed due to a dismissal without prejudice the prosecutor could have speedy trial problems.

    1 person marked this answer as helpful

  10. Need attorney to help write brief

    Answered over 5 years ago.

    1. Michael E Harbeson
    1 lawyer answer

    Unfortunately, DOL is a separate entity from the court system. The State of Washington has two chances in taking away someone's driving privilege and it is not deemed double jeopardy. For example, O.J. Simpson was acquitted for murder in the criminal court but was again tried for murder in the civil court and found guilty. DOL is like a civil hearing that only deals with one's privilege to drive, if it dealt with imprisonment or fines then you would have a very good double jeopardy argument....

    1 person marked this answer as helpful