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James Eric Gaston

James Gaston’s Answers

4 total

  • What is the average cost of a lawyer to represent a first time DUI case? Also Avg punishment?

    was speeding pulled over in downtown seattle by WSP refused field test once out of the vehicle. Arrested, car impounded. I was taken to the UW precinct and took breathalyzer there blew over police punched license.

    James’s Answer

    I concur with all of the advice you have already been given, and in particular the advice about meeting face to face with multiple lawyers. Try to make your decision based upon your comfort level and the confidence you have in each lawyer. While price is obviously going to be a factor for many people, if possible it should be on the bottom of the list.

    A competent, experienced, lawyer is going to get you the best result, but even more importantly the peace of mind that comes from knowing you are in good hands. You cannot know this without spending some time to meet and interview as many different lawyers as you can - most of us offer a free consultation. Best of luck to you as you put this matter behind you.

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  • I got a DUI for weed the other night I need to know what’s going on and I need some help understanding what’s going on.

    I got pulled over for not using my turn signal. I had not been smoking, but the friends I had just picked up from a party were. I smoked earlier that day and up until then I smoked every day.

    James’s Answer

    As everybody keeps telling you, the sooner you speak to a lawyer the sooner you can begin preparing a defense. With the passage of I-502, there is now a presumptive blood THC level at which you will be considered "per se" impaired. Prior to this, the government had to prove that the MJ in your system was adversely affecting your ability to drive.

    With that in mind, the focus of defending a post-I-502 MJ DUI will be to attack the blood results, and hopefully get them suppressed. Please do yourself a favor and interview some lawyers. It can take some time to find the right attorney for you, but it is worth the effort. Best of luck.

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  • What is the exception to the hearsay rule for business records?

    If one party wants to admit an item as being something detrimental to my case how do I get around this business record rule to hearsay? It doesn't seem proper that a party can introduce something without having a live witness to authenticate the ...

    James’s Answer

    Recent U.S. Supreme Court caselaw would dictate that if the document were prepared in anticipation of litigation it would be violative of the right to confront - business record or not. Without knowing anything about the document it is difficult to say whether or not an argument could be made that it was prepared in anticipation of litigation.

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