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Colin Michael Scott

Colin Scott’s Answers

21 total

  • Mitigation Hearing or Contested Hearing?

    I was speeding already, but the officer paced himself with my car, I thought I was being tailgated, so I sped up more so I could get over and get out of his way, so he paced me at 20 over. I know I was speeding, so should I do mitigation or a cont...

    Colin’s Answer

    It's difficult to say based on the limited information you've provided. However, even if you were speeding, there are a number of ways you might be able to defeat the ticket if you choose to contest. There are many experienced lawyers in Seattle who regularly defend traffic matters such as yours, and you would be wise to consult with one of them right away since you have a limited amount of time to decide whether it's in your best interest to contest the ticket. You can also try clicking on the link to my website below to receive additional information regarding traffic tickets issued in Washington. Good luck!

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  • Can I get my felony dismissed/dropped down?

    I am 24 yrs. old and I have a felony from jan 2010, possession with intent to sell a controlled substance (marijauna under 44grams). I have not finished paying my fines off, but very close. With the recent change in marijauna laws in Washington st...

    Colin’s Answer

    In Washington you "expunge" charges and "vacate" or "seal" convictions. See the below link for some helpful pointers on how to do this yourself. Otherwise, get an attorney. Good luck!

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  • I was pulled over by King County Sheriff for tinted windows and a plastic cover over the rear license plate.

    He tested the tint on my window and told me it was too dark and asked for my license. (side note: Upon retrieving my drivers license he saw my Conceal Carry license and asked if I have a firearm on me, I thought that was strange) Anyways... He c...

    Colin’s Answer

    You have three basic options if you've been cited with an infraction: (1) pay the ticket; (2) attempt to mitigate/reduce the fine; or (3) contest the ticket. Assuming you do not have your Commercial Driver's License (CDL), you may also be eligible to enter into a deferral once every seven years for a moving violation. For a list of moving and non-moving violations, see the attached link.

    Paying an attorney a few extra bucks to look at the ticket is not a bad idea. Many times there are inaccuracies contained in the ticket and/or omissions that will invalidate the ticket. An attorney can also request discovery from the citing officer. Such requests must be made at least 14 days before the hearing, and will include a copy of the citing officer's sworn statement. You are also entitled to receive any photographic or video evidence, as well as the names of any witnesses who are not named in the officer's sworn statement. If the discovery is not received more than 7 days before the hearing, this may be a basis for a dismissal as well, but only if you can show the delay prejudices your case. Good luck!

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  • Will a Driving With a Suspended License 3rd charge hold up if the reason I was pulled over in the first place was incorrect?

    I was pulled over for Improper turning/correct lane position. When i went back to the intersection the infraction occurred, the markings on the road clearly indicated that I was in the proper lane while making the turn. The officer informed me tha...

    Colin’s Answer

    I agree that you should seek advice from an attorney before charging into the courtroom yourself. If the stop was in fact illegal, your attorney can file a motion to suppress and get the charges dismissed without the need for a trial. Your attorney can also request for discovery from the prosecutor, which will contain a copy of the citing officer's sworn statement along with other evidence that is available in your case. Good luck!

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  • What are my options for DMV4 other than a conviction? Is there an option that won't go on my record?

    Arrested for DMV4. I work in healthcare field and volunteer at places that require background checks. Husband wants NCO dropped, Judged denied his request. I have never been arrested before and plan on never doing anything to have it happen again....

    Colin’s Answer

    I agree with my fellow colleagues---these are questions you should really be asking your attorney. Also keep in mind that this is a public forum and anything you say (or write) can be accessed by third parties, including law enforcement and the prosecutor assigned to your case, and potentially used against you in court.

    That said, you might ask your attorney if there is a diversion program available in the city/county where you are currently facing charges for Assault 4th Degree DV. Another option might be what is referred to as a Stipulated Order of Continuance (or "SOC"). If either of these options are available to you, you will be required to comply with certain conditions for a set period of time (usually six months to a year). Conditions might include a fine, attending classes, and refraining from committing any further criminal law violations. Once you successfully complete the terms of your diversion or SOC, the charges will be dropped.

    Hope this helps and good luck!

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  • WA State- Assault Charge w/ prior DV charge 6 years ago and currently on probation. What will likely happen? Advice Appreciated

    I broke up with my boyfriend and in turn he called police and claimed I assaulted him by hitting him in the face. There was in fact no physical contact at all and he also has no marks. I left the house and requested that he not be there when I get...

    Colin’s Answer

    The first thing I would recommend to you is stop posting comments like this on a public forum which are accessible by the general public and can potentially be used as admonitions (an exception to the hearsay rule) in a court of law. Secondly, you should contact a local attorney and consult with them privately about the facts in your case. In order to protect you, an attorney needs to have developed an attorney-client relationship with you, which is only possible after you've consulted with an attorney and hired them to represent you. It's imperative that you do this as soon as possible.

    As for what will happen in your case, it's impossible to say based on the limited information you've presented. However, because you have a prior DV charge/conviction from 2007 and you're currently on probation for a Theft 1 charge/conviction, you will likely face greater penalties and/or fines, which is all the more reason to get in touch with an attorney right away. Good luck!

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  • What does the law in Washington regarding writing negative online reviews?

    My friend (really) has been accused of writing negative online reviews about her hair stylist and has been served with a law suit. She didn't write these reviews, but the person that did used her name. She was in court Feb. 2012 and at that time ...

    Colin’s Answer

    Your friend should consult with an attorney who can provide her with legal advice, privately. The information contained in this forum (and other websites similar to Avvo) can be viewed by the general public and is not a substitute for professional counsel, nor is it considered legal advice. It also sounds like your friend's situation is time-sensitive, so she should consult with an attorney privately about her situation as soon as possible. Best of luck.

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  • Almost a Serious Injury Today from cedar shakes falling off a double 18 wheeler. Legislation to cover loads.

    My wife and I were driving to the Seattle VA hospital today , Feb 26 , 2013 , when pieces of Cedar Shakes flew off two trailers pulled by one tractor . One sailed threw the air and damaged our windshield . Only a little ding but it was scary ...

    Colin’s Answer

    First off, let me say thank you for your service to our country. Secondly, I would like to commend you for being concerned about this incident and taking action. All too often, matters such as this go unnoticed by the general public and result in the catastrophe you described involving the young woman who was permanently disfigured in Washington several years ago.

    That said, my advice is to contact the Washington State Patrol and notify them what happened. Because this is no longer an emergency, you can contact WSP using their District 2 non-emergency telephone number at: (425) 401-7788, Ext. 9. Your call may or may not result in action being taken, but as a concerned and responsible citizen, you can at least rest well knowing that you did your part. Best of luck.

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  • Whole Foods loose store fixtures hit my mom hard over the head. Any prospects for a lawsuit ?

    My mom was shopping at Bellevue , WA Whole Foods and was trying to get some nuts from the dispenser , they wouldn't come , so she applied a bit of pressure . In the process a heavy fixture from above hit her over the head , probably causing h...

    Colin’s Answer

    • Selected as best answer

    The merits of your mother's potential case have nothing to do with Whole Foods' CEO. However, if your mother did not contribute to the injury causing event, a presumption of liability might be established by invoking a legal doctrine known as "res ipsa loquitur."

    That said, the most important thing for your mother to do is get the medical treatment she needs to recover from her injuries. Concussions are a mild form of a traumatic brain injury (a.k.a. "TBI") and can be very serious in nature.

    Your mother should also consult with a local attorney who handles premises liability cases. Generally speaking, the statute of limitations in Washington is three years from the date of injury, but the sooner your mother is able to consult with a local attorney, the better her chances are of obtaining a successful outcome in her potential case. Good luck!

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  • Do I have a basis for a law suit against my primary doctor or the specialist, because of negligence resulting in 2 surgeries?

    I broke my ankle on 11-18-2008. Seen by a doctor 11-19-2008. Didn't get seen by an orthopedic specialist/surgeon til 11-25-2008. Orthopedic surgeon said when he came across my file, that if he'd seen me sooner, the surgeries could have been preven...

    Colin’s Answer

    It's difficult to say whether malpractice was committed in your case, based on the limited information given. However, before analyzing liability, you need to consult with an attorney privately and determine whether the statute of limitations has expired in your case.

    Generally speaking, medical malpractice actions in the State of Washington must be brought within three years of the act or omission alleged to have caused the injury or one year after the discovery of the alleged negligent act or omission, whichever period expires later, and no later than eight years after the malpractice occurred. (See RCW 4.16.350.)

    If the statute has expired, then unfortunately you will no longer be able to seek compensation for your injuries. Therefore, you should consult with a local attorney who specializes in medical malpractice cases and have them review your case. Good luck!

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