Skip to main content
Andrew C Huff

Andrew Huff’s Answers

311 total


  • Oregon State cell phone/driving law question

    I received a cell phone use while driving ticket in Oregon State. I am a Washington State resident and I'm concerned my insurance rates might be affected. Does an Oregon cell phone/driving ticket appear on your driving record as a moving violati...

    Andrew’s Answer

    Oregon's cell phone law went into effect on January 1, 2010 and like Washington it is now a primary offense, meaning an officer can pull you over if they observe you holding a cell phone to your ear. What is interesting is that the law doesn't just ban talking on your phone while driving. It makes the act of simply holding the phone to your ear an offense, regardless of whether you were actually talking on the phone. Most insurance companies still consider a cell phone violation without more a non-moving offense, meaning it should not effect your insurance rates as would a moving violation.

    See question 
  • I am charged with residential burglary and would like to know what my chances are at trial?

    I was found in an occupied residence in which the owners were alerted to my presence by an alarm set off when I walked through an unlocked door. I was intoxicated and cutting through their property to go home. The police found me inside after sh...

    Andrew’s Answer

    First, the crime of Residential Burglary is defined under RCW 9A.52.025 as "with the intention to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle." Residential burglary is a class B felony. It appears that you might not have entered this establishment with the intention of committing any crime, so this very well could be a defense. I have a very similar case in which my client was trying to get into a house he thought was his due to his intoxicated state. But you need to immediately retain a competent and experienced attorney to represent you. This is obviously a serious crime because it is a felony and a crime against other persons. And I also would not discuss your case with anyone else except an attorney. Here to help.

    See question 
  • If you get a ticket taken off your record in OR by going to traffic school, but you have a ticket in differed findings in WA?

    If you used the deferred finding option on a speeding ticket you get in Washington, and within those 12 months in which you cannot get a ticket, you get a speeding ticket in Oregon and you ask for the driver improvement program in order for the ti...

    Andrew’s Answer

    As you have been hearing, the overwhelming response is "it depends." If the deferral court finds out, a judge could find it committed. Many times, it depends on the specific order entered with the court. Chances are the deferral court won't find out because the new infraction should not be on your record and is out of state. But you never know these days. Good luck.

    See question 
  • Alford plea DUI to neg 1 max 90 days in jail so if i violated my prob the max that could be done is the 90 days?

    True/False Once the 90 days have been served they can no longer bind me to probation

    Andrew’s Answer

    Yes, the maximum jail time that could be imposed would be 90 days. However, you rarely see this type of sentence. If you violate your probation, the court can impose fines as well. But it also depends on the type of violation too. For example, if you get a second DUI, you face extremely high penalties because the Neg. 1 still counts as a prior DUI if you are convicted of one. Also, if you are doing any sort of treatment as a part of your Neg. 1 case and you violate that, the court can impose further treatment if recommended by your treatment provider.

    See question 
  • What best way of convincing the Judge in written form to remove ticket from my record. I am willing to pay a fee to remove.

    I received a traffic ticket the other day. The ticket reads as a speeding ticket going 80 in a 60. I am unable to defer it through paying a fee. I purchased the car the day prior to receiving my infraction. The speed limit had been 70 1 mile prior...

    Andrew’s Answer

    You need to retain an experienced traffic attorney immediately to represent you. The majority of the time, we can keep the ticket off your record by various procedural and evidentiary issues. The burden of proof is with the state. Retain an attorney immediately because there are certain time limitations. Here to help.

    See question 
  • Does the Corpus Delicti Rule apply in traffic/criminal court, since no one was injured or damages done?

    Since I've been studying, traffic court is a fraud, it's an article 1 court, a statutory court that these rules apply only to CORPORATIONs we are presumed to be, the NAMEs given to us the day we came into this reality from our mothers womb. We wer...

    Andrew’s Answer

    The term corpus delicti means that a crime must have been proven to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for theft unless it can be proven that soemthing has been stolen. Otherwise, it would be "attempted" theft. Likewise, in order for a person to be tried for arson it must be proven that a criminal act resulted in the burning of a property. In other words, "corpus delicti" is the fact of a crime having been actually committed." As you can see, some crimes do not require that someone was injured or damaged, such as Driving Under the Influence, even though the corpus delicti must still be met. It simply depends on the definition or elements of the crime.

    See question 
  • Can you get a speeding ticket dismissed in court if I was driving per the current traffic conditions?

    i.e. MPH is 60 on I5 northbound, current traffic flow is 70, it is rush hour, I turn my signal on to merge and the vehicle next to me speeds up as to NOT let me merge, there are 3-4 vehicles behind that person who are tailgating, there is an openi...

    Andrew’s Answer

    The defense of "going with the flow of traffic" without more normally doesn't work with a judge. However, every situation is different and you might get a sympathetic judge but generally you will need more than that. I would recommend retaining a competent and experienced traffic attorney to handle the ticket for you because chances are there other issues that can be used to get it dismissed. Here to help.

    See question 
  • Is burglary a strike in Wa State?

    A friend is taking a deal in another state but wanted to know if its going to be a strike in Wa state when he comes back to Wa.

    Andrew’s Answer

    The law you are referring to is called the persistent offender law, and the definition is outlined in section 9.94A.030 of the Revised Code of Washington. There are three degree of Burglary in Washington and only 1st Degree Burglary is considered a "strike" under RCW 9.94A.030.

    See question 
  • For a first degree misdemeanor; theft 3rd degree - if you pleaded guilty. Paid the fine. It doesn't go on record?

    My lawyer suggested I plead guilty, because I have no record; it was my first offense, that I would come out with nothing on my record. All I had to do was pay the fines. Now I am unemployed, businesses are calling me to schedule an interview, the...

    Andrew’s Answer

    Unfortunately, whenever you plead guilty to a criminal offense and are sentenced, it will be reported as a conviction and becomes part of your criminal history. I don't know why your attorney told you otherwise. Depending on some facts with your case, you could have a remedy, for example requesting a court allow you to withdraw your guilty plea or set aside your sentence, or some other action. When did you enter a plea and when were you sentenced? Did you have a copy of the plea form? You should contact an experienced and competent criminal defense attorney immediately. Here to help.

    See question 
  • I have an assault-domestic violence, assault 4th degree in state of WA Can I receive my RN license in WA?

    Stipulation till March 2012, shell I postpone my application for RN license in WA, Seattle? Will i able to get my License and work as an RN?

    Andrew’s Answer

    Did you plead guilty to Assault 4th? You mention a stipulation until March, so I wanted to clarify. I would contact the state association that licenses RN's and find out if such a violation would disqualify you. I will tell you that any offense that carries the "domestic violence" tag can be problematic for any profession.

    See question