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Brian Roach
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Brian Roach’s Answers

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  • My boyfriend got a bench warrant for dui while being deported to mexico what to do and how long does it stay active

    dui, warrants , deporttion

    Brian’s Answer

    For a situation like this in Washington State, a District Court would typically issue a warrant for failure to appear and, with few exceptions, order a bail amount associated with the warrant. That warrant would remain active, and can be renewed by the court at certain intervals. If there is a liklihood that your boyfriend will be shortly returning, there is a way to coordinate the posting of bail and his return to court (or get an agreement with a prosecutor to quash that warrant). Attorneys are a helpful resource in arranging for a client to surrender under more favorable terms than being arrested.

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  • Is there anyone who will install an intrelock device on a scooter?

    I want to drive my scooter but I am required to install an interlock device in my vehicle. I'm trying to avoid the purchase of a new vehicle to kep cost down. What can I do?

    Brian’s Answer

    It has been done on motorcylces in Washington State.

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  • I had a DUI reduced to a neg driving in 1988. Why does my criminal record show a DUI guilty disposition?

    I had a DUI reduced to a neg driving in 1988. Why does my criminal record show a DUI guilty disposition?

    Brian’s Answer

    It shouldn't. A call to the district court in which you entered your plea should give you a starting point. Your case is old, and therefore records of the plea may be hard to obtain through either the court system or your prior attorney. You may also be eligible to vacate your prior misdemeanor under our vacation/expungement statutes. I would imagine a lawyer in WA could handle this situation for you, or at least completely size it up at a relatively low cost.

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  • Can they change negligent driving 1st to a DUI?

    arrested and charged with neg 1st for a traffic offense while having had a couple drinks but was under the legal limit. Did the roadside tests and breathalizer (.061). do they treat this same as a dui?

    Brian’s Answer

    The direct answer to your question is: NO, if it is charged from the very beginning as a Negligent Driving 1st degree offense, it is not being treated as a DUI by the agency who filed the charge. BUT: often times, police agencies will issue you a ticket that requires you to show up for an arraignment. By the time you first see the judge, the prosecutor's office may have never seen or screened the citation issued by the arresting officer. (Happens all the time here in Kennewick) I have seen plenty of cases where an officer cites an individual for the violation they perceived as occurring, only to have that charge amended by the prosecutor sometime after the arraignment date. I would absolutely recommend discussing this issue with an attorney at greater length, as it poses a dilemma as to whether to plead now vs. take the risk of an amendment upward sometime later down the line. I have seen plenty of DUI's charged with sub .08 breath tests. (I have also seen plenty of Neg 1 charges that dont meet the elements of Neg 1-- most of which dont "endanger persons or property") I am not at all suggesting that you hurry up and plead to the Neg 1, but rather hurry up and talk to a lawyer at greater length about this (usually the lawyers wont charge you for your initial consultation). Good luck!

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