Archived
If found later that I have an illness/disease that could provide an elevated BAC, is it possible to get the results thrown out?
Scott's answer
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Answered on September 14, 2012
This is more likely in issue that goes to the weight of the evidence , as opposed to the admissibility. As I stated in my previous answer, getting...
Archived
Is there a statute of limitations in a motion for discovery? Been months since filled and still nothing...
Scott's answer
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Answered on September 14, 2012
There are court rules and associated case law that deal with discovery rules. The problem is that any attorney license in Washington is prohibited...
Archived
If a blood test is requested (either before and/or after Breathalyzer tests at station), is it my legal right to receive one?
Scott's answer
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Answered on September 14, 2012
You do have the right to request a blood draw after submitting to the breath test. The officer has no obligation to take you to the hospital...
Archived
I have a possession of marijuana charge (under 40g). Would unwitting possession be a strong defense in my case?
Scott's answer
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Answered on September 14, 2012
As a general principle I almost always file notice of the affirmative defense of unwitting possession in POM cases. It helps the defense if there...
Archived
Someone told me to go get a new license right away
Scott's answer
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Answered on September 12, 2012
The first thing you need to do is request a hearing with DOL within 20 days of the arrest. If you don't do this your license will be suspended by...
Archived
How do I best get a possession of marijuana charge dismissed from my minor child?
Scott's answer
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Answered on September 11, 2012
The messages is don't talk to the police. Very rarely do you have anything to gain by doing so and most of the time you talk to yourself right...
Is a deferred DUI my best option, due to the cercimstances?
Scott's answer
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Answered on September 10, 2012
A deferred prosecution may very well be your worst option. See the link to the information below. You should meet with an attorney to discuss all...
Archived
Does a seat-belt violation break a deferral that you had before.
Scott's answer
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Answered on September 10, 2012
That depends on that several things. A deferred finding on a traffic ticket , and I assume that's what we're talking about, Can be open for up to...
Archived
1st time DUI, on vacation in WA from Canada. I'm canadian. Am i going to jail? what happens to my canadian license?
Scott's answer
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Answered on September 10, 2012
Jail: if you are convicted of DUI with a breath test under .150 the court is required to impose 24 hours jail and $866 in fines. Your privilege to...
Archived
I was recently arrested for a DUI accident two days agao, charges have not been filed yet? Is this good news?
Scott's answer
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Answered on September 10, 2012
Charges will almost certainly be filed. All reports will be forwarded to the prosecutor who will decide if and what to charge you with. DUI...
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