Sean Bennet Malcolm's Answers

I have a 2 year old unpaid ticket in Idaho. And I received a dwls 3 in Washington state.

It is definitely best to get your license back before your court date, which will almost certainly require paying your fines in Idaho and getting reinstated there. There are ususally possible positive outcomes for a DWLS 3 charge, often including an amendment to a non-criminal traffic infraction NVOL charge, so be sure to consult an attorney on this...I and others would be happy to discuss it with you further. This answer is not legal advice and is for general informational and/or...

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Contractor did not file any lien within the 90 days after work was performed. Can contractor still sue for payment?

The contractor can still sue for breach of contract and other causes of action. The failure to perfect the lien doesn't remove the contractor's cause(s) of action, it just means that if a judgment is obtained, the judgment will have to be collected from the defendant(s) and cannot be satisfied by foreclosing the lien and selling the property or other security, such as a bond. This answer is not legal advice and is for general informational and/or educational purposes only. No attorney-...

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Puget sound energy wants to take 25'x150' of my property as an easement under imminent domain. what can I do? can I refuse.

You can refuse. I would have to see your documents and get more facts to be able to give you a complete answer or legal advice, but I will try to give you a general answer your question. PSE is a public utility incorporated in the State of Washington and there are certain restrictions on PSE's ability to take and use your land (for example, the taking must be for a public use that is necessary for the public interest). It can be difficult to defeat a valid taking, and PSE hires large law...

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I have about 23 soc sec credits. I live in Canada. Am I eligible to receive U.S. social security payments?

That depends on a lot of factors, including your citizenship, status in Canada, whether you are claiming benefits there and so on... There are agreement(s) in place between Canada and the U.S. about social security. I would consulting an attorney but you can also consult the guide at this link: http://www.ssa.gov/international/Agreement_Pamphlets/canada.html#claims This answer is not legal advice and is for general informational and/or educational purposes only. No attorney-client...

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Can a negligent driving be used as a dui in court?

I think what you are asking is does a negligent driving conviction count as a prior offense for the purpose of determining the sentence in the event of a new DUI conviction? If that is your question, the answer is that a Negligent Driving (1st degree) conviction doesn't count as a prior for DUI sentencing purposes unless the negligent driving conviction was an amendment from an original charge of DUI. Negligent Driving (2nd degree) is a traffic infraction, not a criminal offense. This...

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What is penalty for gross misdemeanor 3rd degree. Wa. state violation 9A.56.050 less than $250

Well the maximum penalty for a gross misdemeanor is 1 year in jail and/or a $5,000 fine. But there is no minimum. With your good record and based on the facts you've indicated, a capable attorney should be able to resolve this matter with no impact on your record, probably through what is called a compromise of misdemeanor. This means basically that you pay the court some costs and you pay the person who owned the food and frying pan for their loss, and the charges are dismissed. I would...

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Is their a defence for a ambian dui

Yes - contact me or one of the other WA attorneys on here to have your case evaluated. It may depend on the dose that was taken. Do not delay as the DOL will take action on your license and you have to contest that within 20 days. This answer is not legal advice and is for general informational and/or educational purposes only. No attorney-client relationship is formed between you and Sean B. Malcolm, an attorney licensed in Washington. For more information, see the Avvo.com terms and...

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Will the court appoint a public defender the day I appear in court or do I need to ask ahead of time?

I agree with the previous answer: the general path is to screen for a public defender on the day of arraignment. This answer is not legal advice and is for general informational and/or educational purposes only. No attorney-client relationship is formed between you and Sean B. Malcolm, an attorney licensed in Washington. For more information, see the Avvo.com terms and conditions of use, which are incorporated by reference herein.

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What are the consequences for a 23 yr old with no prior record who gets a dui for a breathealizer test of .1?

Well you probably expect this answer but the best answer I can give is: call an attorney. There may be no consequences if an attorney evaluates your case and finds that the breath test can be suppressed or you have other evidentiary issues or defenses available to you. I or one of the other attorneys on here would be happy to give you a free consulation [206-228-9514]. You need to call someone ASAP (tomorrow!) because the DOL will start action against your driver's license and you only have...

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I was arrested in 01 for shoplifting but was not convicted. The record remains in Dist Ct. Is there fast-track for expungement?

If you contact me or one of the other WA attorneys on here we should be able to have that last bit of data expunged or sealed. It may require a motion to the particular court you are concerned about... What you really probably want is the deletion of the information from the large private data collection companies that employers use to generate criminal record reports. This is going to require some work. But you may also want to examine your initial assumption that an arrest would keep you...

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