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Diego J Vargas

Diego Vargas’s Answers

10 total

  • Would Washington state extradite me from Florida for misdemeanor DUI?

    I have a pending DUI case and if I leave and move to florida before court which they will issue warrant for failure to appear ...will Washington state extradite me back to Washington?

    Diego’s Answer

    Legally it is possible but it is very unlikely. I think I have a greater chance of winning the lottery.

    However, the outstanding warrant will result in the Washington State Department of Licensing suspending your license. Florida will likely honor that suspension and you will not be able to get a Florida driver's license.

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  • Will I lose my driving privileges if I am a WA resident and I get a DUI in Oregon?

    When I'm a Washington state resident but used to be an Oregon resident and I get a dui in Oregon and Oregon wants to suspend my license for life will it be suspended in other states? The authorities used my old Oregon drivers license number for th...

    Diego’s Answer

    Yes, Washington will also suspend your driver's license.

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  • Can a person report there car stolen if the owner of the car is in jail?

    So my boyfriends car got stolen when he went to jail. Weneed to get the car back...what can we do??

    Diego’s Answer

    Yes! Call the police and file a report.

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  • Two bench warrants, one from 2001, DUI, and another from 2013 for hit and run. Any advice or criminal defense lawyer available?

    Going about trying to help an older friend from Ukraine, 54 yrs old. In 2001 brother dying in hospital in Seattle, tried to see him for the last time, speeding, pulled over in Olympia (pierce county), had an open container of vodka in the back. De...

    Diego’s Answer

    Your friend need to seek competent legal representation as soon as possible.

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  • What may happen in Wa. If I got my first DUI.

    I was pulled over for my headlights being too bright. Was found to have had a drink recently. I agreed to the breathalyzer and in the field I blew an IR result of .101 and EC result of .105 the the 2nd sample was IR result 0.98 and a EC result .10...

    Diego’s Answer

    You should begin meeting with lawyers to discuss your options.

    Washington is an implied consent state, which means that anyone operating a motor vehicle has consented to a test of their breath if they are arrested for suspicion of DUI. If you take the test and blow above, 0.08, which it appears you did, then your license will be administrative suspended by the DOL. You should contest that suspension. You can request a hearing using the form available here: https://www.dol.wa.gov/driverslicense/dui.html. You must make this request within 7 days of the date of your arrest.

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  • What do i due after first dui arrest with no information?

    Arrested for a dui, speeding. Blew over the alcohol limit no blood was drawn. The only thing is I have no info on the case whatsoever. I was released not to long after being arrested and was to walk home. Next steps?

    Diego’s Answer

    You must act quickly to preserve your rights. Your license will be administratively suspended by the DOL if the officer reports the arrest, and breath test results, to DOL within 72 hours, as required by statute. You can get the form here: https://www.dol.wa.gov/driverslicense/dui.html.

    In which county were you arrested? It can take months for criminal charges to be filed in a blood case.

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  • Will i get a violation for a first time failed reading?

    I had just gotten ready to leave my house and was in a hurry...when i blew on my interlock device it said i blew .032 (i think it was). I got really freaked out because i hadn't been drinking, then realized i had just used mouthwash (i usually don...

    Diego’s Answer

    There are many unanswered questions. Why do you have an ignition interlock? Is the ignition interlock a condition of release? Do you have an ignition interlock license? Is this a post conviction interlock requirement? Without details it is impossible to answer your question.

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  • Am I looking at more jail time?

    I was blacked out at a party, took a couple Xanax . Drove home and fell with a dui. I served 4 days in jail waiting for my court date. just wondering if I’m going to served more time . I’m a first time offender.

    Diego’s Answer

    It is unlikely but possible. There are many factors that a judge can use to determine your sentence. For example, RCW 46.61.5055(7) states:

    (7) Other items courts must consider while setting penalties. In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
    (a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property;
    (b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers;
    (c) Whether the driver was driving in the opposite direction of the normal flow of traffic on a multiple lane highway, as defined by RCW 46.04.350, with a posted speed limit of forty-five miles per hour or greater; and
    (d) Whether a child passenger under the age of sixteen was an occupant in the driver's vehicle.

    If some of these factors are present then you can, and possibly will, get more jail time.

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  • Can a dismissed DUI be vacated or expunged?

    I have a "dismissed DUI" charge that is showing up on employment verification checks. Can this be expunged or vacated? The incident occurred in 2003.

    Diego’s Answer

    Yes. Washington allows for the removal of this information. Check out the free guide provided by the Administrative Office of the Courts in Washington. http://www.courts.wa.gov/newsinfo/resources/brochure_criminal/CrimPamphlet.pdf. You can get non-conviction data removed from your criminal history maintained by the Washington State Patrol.

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  • What is a 1560 Waiver Package? I got a DUI in Ca, 2007 1st offense.

    I am Active Duty Military, currently deployed in Iraq, I have been deployed so much over the past few years I have had no need for my license, and have not been in the states to go to DUI class. I ETS this year from the ARMY and will need a Wa st...

    Diego’s Answer

    If you license was suspended as a reuslt of a criminal conviction in CA the WA will recognize that suspension and WA will not issue you a license unless you are eligible to receive a license in CA. Diana Lundin, with my office, is our Department of Licensing Guru. Feel free to contact her.

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