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Timothy Charles Milios

Timothy Milios’s Answers

42 total

  • Received a DUI. last dui 25 years ago what is usual sentencing, is dp an option

    rcvd dui , las dui 25 yrs ago , what is usual sentencing, is dp an option, i am no longer drinking.. what is the best way to plead..

    Timothy’s Answer

    To answer these questions accurately, more information is needed. In a nutshell:

    Plead not guilty. To do anything else would subject you to mandatory DUI penalties and remove other options, such as a reduction in the charge and the possibility of entering into a deferred prosecution.

    Assuming that the 25 year old prior is the only thing in your criminal history, it is unlikely that it would materially affect a DUI sentence. But this is certainlty dependent upon what jurisdiction you are in and who your judge is. The impact it might have is upon the prosecutor's wilingness to negotiate your case. This is also dependent upon jurisdiction and to a large degree, the facts of your most recent DUI.

    Deferred prosecution is an option but one to be very cautious of. In most cases the consequences of agreeing to do a deferred prosecution far outweigh the penalties should you be convicted of a first offense (within 7 years) DUI. Tread lightly into this option.

    As always, there are numerous pitfalls in any DUI. Short answers on bulletin boards and even here on AVVO should not be considered as a substitute for fully discussing your case with a qualified DUI attorney.

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  • How long does the Stae patrol have to issue a ticket or citation for a DUI.

    I was pulled over about 20 miles from my home. He asked me to step out of my vehicl. He began giving me the field sobriety test. I have a messed up back, shoulder and my r. hip and groin area are bad. I told him I could not do the stand on one f...

    Timothy’s Answer

    The statute of limitations in Washington is two (2) years for a DUI. That means that the prosecutor has two years from the date of incident to file the charge. It is not uncommon for the State Patrol to release you without citation and refer the case the the prosecuting agency in your jurisdiction. Assuming that you were stopped near Aberdeen, I am somewhat surpried that the charge hasn't been filed yet. Make sure that the case wasn't filed with notice being sent to the wrong address. That sometimes occurs. A call to an attorney in Washington can clarify whether charges have been filed yet.

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