my son received a ticket and summons in the mail to report for court on the charge of driving with a suspended license in the 3rd degree. The infraction time states 10:50am at a convenience store. However, he was at work having a cigarette at that...
Yes, technically he can be cited criminally. The elements are simply driving a motor vehicle while your license is suspended in the third degree. If the prosecuting authority has sufficient evidence to prove that your son was driving a motor vehicle at a time when his license was suspended, he can be charged and convicted. It makes the prosecutor's case weaker if the individual charged wasn't pulled over and physically cited because there may be a false identification issue with the actual driver. I've handled a few cases with this exact fact pattern.See question
I got pulled over Friday night after taking friends home. I had forgotten to turn my headlights in, and when I did unfortunately I got pulled over. I had all my paperwork and passed all of the sobriety tests, but because I smelled a bit like alcoh...
There are a few things you'll need to keep in mind right away. First, you'll want to request a DOL hearing within 20 days from the date of incident so you can challenge the administrative suspension handed down from the DOL. The cost is $375 and it's a hearing that is handled over the phone. If this is a Yakima County case then you may not actually be charged for several weeks. If it's a Yakima City case, you'll likely have a court date already and your criminal situation would be more urgent. You'll need a DUI lawyer for this situation. That person will guide you through this mess. You should keep in mind that even case handled quickly may take several months. Good luck!See question
A few months ago a "friend" and I were party hopping. He was driving and I was the passenger. He was driving pretty fast and told him to slow down but he didn't and I seen that the road curved but he was still going straight so I grabbed ( I didn'...
At the risk of sounding like a broken record, your best move would be to hire a local attorney who specializes in DUI defense. Without knowing further details, it sounds like you may have some possible defenses to your case. In addition, taking the blame for someone else's actions is not justice.See question
I blew a 3.17, what kind of fines should I expect to pay for my 1st DUI?; what if I take my deferment?
Fines, many times, are jurisdiction specific. Hire an attorney that practices in the jurisdiction in which you've been charged. Paying upfront for a good DUI attorney will often save you money on the back end - not to mention time and frustration.See question
2cd dui in 2 years part health problems
Yes. Especially seeing as it's a second offense allegation. The laws have changed somewhat recently regarding release conditions of people accused of DUI when they have a "prior offense" in past. Having a good DUI attorney will be essential to get you through the complexities of the case.See question
I'm waiting for my court date, which is in two weeks. I only have two speeding tickets within the past two or three years. I got my first D.U.I. on January 7, 2014. Will I have to do any more time? Will my license be suspended? What do I do?
Whether you will be required to do any more jail time depend on the facts of your case. If you received this DUI by a WSP trooper/BSCO deputy vs. City Police Officers will dictate who will prosecute the case. Who prosecutes the case may also effect the outcome. As far as "deferring your DUI," I'm sure you are asking about a deferred prosecution. As other lawyers have stated, it is, in a nutshell, an alcohol treatment program you enter in lieu of a conviction to DUI and jail time. A deferred prosecution is very expensive and time consuming and is usually best utilized if you are looking at a significant amount of jail time. In my experience, entering a deferred prosecution on a first-offense DUI is a very bad idea - unless there are extenuating circumstances. The best advise anyone could give you at this point would be to hire an experienced and reputable DUI defense attorney. They may be able to save you not only a conviction to DUI, but jail time, excessive fines, license suspension, etc.See question
After 6 weeks one horrible plead offer, lawyer does not seem to be doing anything,still has not talk to the prosecutor again and that the lawyer will be working on getting time reduce. The lawyer has talk with inmate twice and mention that he w...
Be patient. These cases can sometimes take longer than expected.See question
Officer requested warrant from judge because the person had apparently pee their pants will being book but had refused test and did mention it in police report refusal. Does this affect the DUI case for the person charged in a good or bad way
Yes, and it is becoming very common in WA when people arrested for DUI are refusing breath tests. Whether it is good or bad depends on the details and specific facts of individual cases. Better hire a good DUI lawyer!See question
Got charged with DUI last night in Bellevue. I blew .082 when pulled over. Cleared all the soberiety checks well. At station, blew .085 and .082.I hold a OH state licence as i moved to WA recently. I got pulled over just 2 blocks away home and i d...
Hire a good DUI lawyer immediately! They will be able to put you in the best possible position.See question
But what is the TYPICAL penalty for someone convicted of this? For a first-time offender that didn't result in any harm or damage. I would appreciate someone who knows first-hand what prosecutors TYPICALLY hand down for this. I know it can be a la...
That is a very difficult question to answer without knowing more information. Generally, someone with no criminal history and if the case isn't too egregious, you may expect all the jail suspended or a day or two, a fine of between $500 and $1,000 and probation. However, this depends heavily on the facts of the case and how that particular prosecutor's office handles these types of cases. Since a reckless driving conviction carries with it a mandatory license suspension and a requirement for SR22 insurance, it is my strong opinion to hire a lawyer who is experienced in the DUI/criminal traffic field. Good luck!See question