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Wade Steven Samuelson's Answers
Contributor Level 10
- 62 Legal Answers
- 0 Legal Guides
5
Attorney answers:
Whats the worst that can happen to him. 4th dui in 5yrs
It's impossible to predict the outcome of the newest charge, but I can answer your question, "What's the worst that can happen to him?" If your boyfriend was on a Deferred Prosecution for his 3rd DUI when he was cited for his 4th DUI, the court can revoke the Deferred Prosecution and impose any sentence between the minimums (either 90 or 120 days if there are two or more convictions in the last 7 years) and the maximum (365 days). The court can also impose a similar sentence on the new DUI...
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3
Attorney answers:
Communication w/ A Minor for Immoral Purposes - Case Law, Defenses Chapter 9.68A RCW?
Juries receive specific instructions as to how to decide a case and are instructed to follow the instructions. Do they always follow the instructions? No. However, it's a huge gamble to go to trial on the hope that the jury will refuse to follow the instructions and decide the case in a more common-sense fashion. If the minor in your case is going to testify and clearly appears to be an adult--to the point it would make a jury feel sorry for you--then MAYBE it would be worth it to go to...
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2
Attorney answers:
Ex room mate is trying to dump possession on me.
You need to talk to an attorney in person BEFORE you talk to the cops and bring them evidence against you!! <--Read that again! Talking to the police before talking to an attorney is a bad idea nearly 100% of the time. An attorney can evaluate your situation and make an accurate determination of what admissible evidence exists now and how strong of a case the cops can make against you. Your statements and delivery of the backpack will almost certainly make your case worse--much worse!!...
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3
Attorney answers:
Will a person with 7 felonys such as 2 counts of assault 2, 2 counts robbery 1, burglary 1, 2 counts kidnapping 1 ever get out?
The only thing I would like to add to Mr. Smith's answer is that if you are convicted of all of these offenses at once, you will not be sentenced as a Persistent Offender. You have to have "prior" qualifying convictions and then commit a new strike offense. That is not to say that you wouldn't get a life sentence anyway, but it just wouldn't be under the third strike (Persistent Offender) statute. Good luck!
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4
Attorney answers:
Criminal: What Can Police record?
You actually are asking several questions. I'll try to address all of your concerns: 1. What is that microphone on their upper left chest? For most cops, that's just their radio. The only conversation that gets recorded is what they say when they push the button and talk into it. Other agencies have actual voice recording equipment on each officer. 2. If it is a general voice-recording microphone, when is it turned on? It depends. Usually, if a cop is having official contact...
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4
Attorney answers:
Can I have a DUI expluged/deferred if I already have a neg 1 charge already on my record?
You ask two questions: If you have a prior DUI that was reduced to Neg 1, (1) Can you get a DUI expunged, and (2) Can you get a DUI deferred. In your situation, your prior DUI that was reduced to Negligent Driving 1st degree does not affect your available options. Nobody can get a DUI conviction expunged/vacated regardless of what priors they have (if any). A DUI conviction remains on your criminal record permanently. With regard to your second question, any person charged with DUI may...
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3
Attorney answers:
If you went deferred on a dui is there a statue of limitation if you dont finish the deferral in washington state
You are likely going to have your Deferred Prosecution revoked and get convicted of the DUI. Failing to complete the treatment is reason enough. If you get convicted of any of your new charges, then revocation is nearly a given. About the only way to avoid losing your Deferred Prosecution is to get back into treatment ASAP and be an all-star there. Do extra AA meetings. Don't miss any sessions. Do extra sessions. Wash your treatment provider's car. Whatever. Also, get your license...
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2
Attorney answers:
Driving suspended ? DUI ?
Washington State will administratively suspend anyone found to be operating a motor vehicle at a time when their BAC is .08 or greater. When a blood draw is performed, someone from law enforcement has to request a "legal" blood draw, advise the driver of his Implied Consent Warnings (which give the driver a right to refuse, unless a warrant is issued), and then send the blood results to the Dept. of Licensing if the the result is .08 or greater. You can request a hearing on the issue, but...
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1
Attorney answers:
WA state DUI laws, I am required to use an interlock device, but my primary mode of transportation is a motorcycle
No there are no exceptions for motorcycles. If you are required to have an Ignition Interlock Device (IID) installed then you need one on your motorcycle (unless it is an employer-owned motorcycle and you are driving it for work purposes). An IID can be installed on some motorcycles. I have called a couple IID providers in the past and they say the same thing: it's done on a case by case basis. If they can find a way to mount it to your bike, they'll do it. They say that it is most...
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3
Attorney answers:
I got a traffic ticket and wondering what to do to defer it so it won't go to my driving record?
A driver in Washington can defer one moving violation every 7 years as long as the driver does not hold a Commercial Driver License (CDL). Deferral is not available for certain infractions, but fortunately, carpool violations are not on the list! However, each court is granted the authority to manage its own deferral program. Therefore, what you need to do to get a deferral is entirely dependant upon the court that will be hearing your infraction. Your ticket will have a phone number...
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