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Friday, November 18, 2011

Anacortes Skagit County DUI Drunk Driving Lawyer: DUI Questions / Answers

Anacortes Skagit County DUI Drunk Driving Lawyer: DUI Questions / Answers

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275

Question: What is the best way to prepare for a DUI charge in court?
Question Detail: I was charged and had a .7. They never gave me another test at the jail.

The only way to prepare solidly for a DUI in court is with the help or a DUI focused and very experienced lawyer.  While some DUIs appear easier than others, you will not get the best result unless you have thorough and competent representation.  If you are unable to afford a top notch DUI attorney at least meet with one (or more) and be advised of the best way to proceed.  The other way is educating yourself.  Read as much as you can to prepare for court in terms of court procedures, alcohol evaluations, and so on.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com. We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook.

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275

Anacortes Skagit County DUI Drunk Driving Lawyer: DUI Questions / Answers

Anacortes Skagit County DUI Drunk Driving Lawyer: DUI Questions / Answers

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275

Question: Is my drunk driving charge legal?
Question Detail: I got into a dispute and the police were called. I asked one of the officer’s for a ride home. The other officer on scene was quick to tell his partner not to give me a ride. I left the premises on foot. I then doubled back and got my car. I pulled into my driveway were the officer that denied my ride pulled in from the other end of my alley. The officer pulled into my yard behind me and said "I knew you were going to drive". This officer released me to wait at my house and give me a DUI.

It is very difficult to know if the officer’s had legal authority to initially contact you and later detain/arrest you for DUI.  If the initial contact of you was for a lawful reason (if the contact for the dispute was lawful and the officer had probable cause to contact you) then it is likely the contacting officer made observations of you which may have included that you smelled of alcohol, had slurred speech, more motor coordination and so on.  If such observations were made then they could have concluded that you were not in good enough condition to drive.  If the officer then “saw” you actually drive a vehicle (even if it ended up on your property) then he could lawful contact you again and possibly arrest you for DUI.

However, the devil is in the details and if you must consult with a DUI defense attorney to determine if the contact of you was lawful.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com. We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook.

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275

 

Anacortes Skagit County DUI Drunk Driving Lawyer: DUI Questions / Answers

Anacortes Skagit County DUI Drunk Driving Lawyer: DUI Questions / Answers

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275


Question: What states require an ignition interlock device after a DUI conviction?
Question Detail: What states require an ignition interlock device after a DUI conviction? What is the constitutionality and legality of such devices? Does the law change from county to county?

 

Most states in the U.S. now permit judges to order the installation of an IID as a condition of probation.  There are also many states that mandate that an IID be installed for repeat offenders and in some states for first offenders.  Forty-seven states and the District of Columbia have laws allowing the installation of alcohol ignition interlocks on the vehicles of offenders.  This excerpt is from the book, The DUI Handbook for the Accused, Vol. II.  Jolly, David N. Outskirts Press (2011).

 

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com. We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook.

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275

Anacortes Skagit County DUI Drunk Driving Lawyer: Vehicle, pedestrian crash in Seattle results in DUI investigation

Anacortes Skagit County DUI Drunk Driving Lawyer: Vehicle, pedestrian crash in Seattle results in DUI investigation

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275

A 22-year-old woman suffered a life-threatening head injury when she was hit by a car driven by an apparently intoxicated man late last night on Aurora, according to the Seattle Police Department.

According to police, the woman was crossing the street near the old Cyndy’s House of Pancakes at North 105th Street and Aurora around 11:22 p.m. Nov. 16 when a Ford Taurus traveling north slammed into her, completely demolishing its windshield.

The driver of the Taurus, who is in his 20s, showed signs of being under the influence of alcohol or drugs, according to police.

It is unclear if the woman was in a crosswalk or otherwise crossing Aurora legally, and police are continuing to investigate the accident.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com. We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook.

Anacortes Skagit DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(360) 293-2275

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Questions / Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Questions / Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Question: Can I be charged with a DUI if the car was not on?
Question Detail: I was outside my car getting something out of my trunk. The cops pulled up on me and asked for identification and I refused. They arrested me and charged me with DUI. They did not witness this vehicle in motion.

The answer is NO, you cannot be lawfully charged (actually you can be charged, but not convicted) if you were outside of your vehicle, had not control over your vehicle (keys not in the ignition) and no one saw you drive.  If no one saw the vehicle move and no one saw you drive, then there “driving” element of driving under the influence cannot be proven.  There is a sister offense called “physical control” and if you can dominion over your vehicle (being in the vehicle with keys) then you can charged/convicted of that offense.  However, based on the facts provided you cannot be convicted of DUI or physical control.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com. We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook.

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Questions / Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Questions / Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

Question: What can I do to have my DUI reduced?
Question Detail: I blew a 0.179 on the test, is there any possible way to get my drunk driving charge reduced?

Starting with a DUI and a BAC of 0.179 is a tough place to begin.  However, every case must be treated the same way and if there are legitimate legal defenses to the stop of your vehicle, the arrest of you or your breath test, then you have a legitimate opportunity to have the DUI reduced.  Remember, every police officer makes mistakes so the key is to find those mistakes and hope the mistake you find is substantive.  I cannot emphasize enough the importance of getting a good DUI attorney – they are trained to look for and take advantage of police officer mistakes.  Good luck.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com. We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook.

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Friday, September 30, 2011

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

Question: Does a DUI count as a second one if I got my first one in another state?
Question Detail: If I get a DUI out of state, does it count as a 2nd DUI if I got one 12 years ago?

A “first” DUI in a one state does count as a “second” DUI if the “first” DUI happened in another state.  Make sense?  Truth is that if the prosecutor can prove the previous DUI in another state did occur (ie. a certified copy of the final judgment) then the “new” DUI is counted as a second.  However, for sentencing purposes (where penalties are enhanced) the two DUI cases must occur within a seven year period.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

Question: Should I turn myself in for my warrants?

Question Detail: I have a failure to appear from last year on a dui and a hit and run. I am at fault on both. What would be my best counseling? I want to turn myself in.

Please talk to an attorney first!  Local attorneys (DUI defense attorneys) are your best resource in situations such as this.  These attorneys know the local court rules and judges and can advise you specifically on what the best approach may be.

In most cases the preferable approach is to get onto a “Calendar” to quash the warrant.  Your attorney can note such a motion and prepare a brief arguing why the warrants should be quashed.  If the Judge is amendable, this avoids you having to turn yourself into jail and spend the night behind bars.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

Question: Does a first offense DUI affect my ability to get a job?
Question Detail: Does the first offense DUI affect my ability to get a job or apply for graduate school?

This question is difficult to answer as it truly depends on the school.  However, many lawyers, doctors, and politicians have applied for graduate school with DUI convictions on their record so it is far from impossible.  The true test is honesty.  If asked on a questionnaire and you state that you did not receive a DUI, but did, then you likely will not get into graduate school.  Honesty is a far more important criterion.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Thursday, September 29, 2011

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Question: Is it possible to drop DUI charges due to lack of evidence?
Question Detail: I was recently given a DUI for being present in a car in which there was alcohol present. I believe that the car was searched illegally because the driver denied the officer consent to search the vehicle and alcohol was not in plain sight. Should I plead not guilty because I was not drinking alcohol? Is there a way to have the charges dropped entirely because the car was searched illegally?

 

DUIs can be dismissed prior to trial if evidence gathered was done so illegal (i.e. an illegal search).  You must plead not guilty and hire a qualified DUI attorney to help you. Frankly, the facts you present sound rather odd and a little vague.  Whether alcohol was found in your car may not be relevant as what is relevant is whether you were driving and whether you were under the influence or your BAC was above 0.08.  Best of luck.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Question: How will a DUI affect my license?
Question Detail: I just got my first DUI. What do I need to do to handle this? Will this have any impact on my driver's license going forward? I have had a clean driving record until this, and I need to drive for my job. Can I keep my license after a DUI?

A DUI can and may affect your driver’s license.  Unfortunately you can lose your license if convicted of a DUI or alternatively if you lose the DOL driver’s hearing.  In Washington State you would lose your driver’s license for 90 days should you lose the DOL hearing.  Similarly you could lose your driver’s license for 90 days to 1 year, depending on your BAC (or a refusal).  Hire an attorney to help you.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Question: Is my wife's friend liable for the drunk driving incident?
Question Detail: My wife's friend allowed her to drive her rental vehicle when she knew my wife was intoxicated. Subsequently my wife was arrested for DUI. However, my wife's friend who promised me she would call me or a cab if they had too many that night gets off unscathed. I feel as the registered operator of the rental she had some responsibility in the matter. Can I take court action against her to recover court costs, fines or anything? I got stuck paying all the fines and dealing with the aftermath.

 

I doubt your friend can be held liable for anything unfortunately.  Sorry.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

 

Question: What are the options and consequences on a 2nd DUI offense?
Question Detail: What are the options and consequences on a 2nd DUI offense?

Your options in Washington State are to fight the DUI (and have it amended to a lesser charge) or, if that fails, you do have the option of a Deferred Prosecution in the State of Washington (if you didn’t do it the first time).  Second DUI cases are serious and have very severe penalties.  Please seek help from a good attorney.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

 

Wednesday, September 28, 2011

Bothell Kirkland King County DUI Drunk Driving Lawyer: The Art of the DUI Plea Bargain

Bothell Kirkland King County DUI Drunk Driving Lawyer:  The Art of the DUI Plea Bargain

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

The following story is found here:  http://mynorthwest.com/11/553057/Why-fewer-criminal-defendants-make-it-to-court

 

When you get charged with a crime in this country, you have the right to your day in court. But, more often than not, you won't get that far.

According to an article in the New York Times, the vast majority of felony cases nationwide end in a plea bargain before trial begins.

"Plea bargains have been common for more than a century, but lately they have begun to put the trial system out of business in some courtrooms," wrote Richard A. Oppel Jr. "By one count, fewer than one in 40 felony cases now make it to trial, according to data from nine states that have published such records since the 1970s, when the ratio was about one in 12."

Washington state appears to be somewhere in the middle. So far this year, 26,591 criminal cases have been filed in Superior Court. Of those, 1,100, or about 1 in 26, have actually seen trial.

"The reality is that the vast majority of cases are concluded by plea bargain," said Mary Fan, an assistant professor of law at the University of Washington and a former federal prosecutor. "In many jurisdictions you may have sort of systematic procedures to offer plea bargains, almost like an assembly line."

Our judicial system is so overloaded, said Fan, that plea bargains are seen as a quick way to avoid the time and cost associated with going to trial. And in recent decades, she said, tougher sentencing laws have given prosecutors more tools to leverage a plea.

"Guilty pleas have become a powerful way of doing triage," she said. "Defense attorney often say that this comes at the expense of people making fully informed and free judgments about their fate."

While a plea deal can be a welcome break for those guilty of a crime, some say it robs those who are innocent of their chance to prove it in court.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

Bothell Kirkland King County DUI Drunk Driving Lawyer: New Program - drive to a liquor store, drink samples, then drive away = DUI?

Bothell Kirkland King County DUI Drunk Driving Lawyer:  New Program – drive to a liquor store, drink samples, then drive away = DUI?

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

The liquor store north of downtown Bothell has been selected to be a part of a state pilot program that will allow tastings of specific liquors and spirits, starting in September.

The tastings are allowed under a new state law. The rules are that the samples must be of “premium” liquor poured by a representative of the distiller or bottler, who has gone through Mandatory Alcohol Server Training (MAST) certification and the samples can be no more than ¼ ounce. There is also a limit of four tastings per person.

The tastings will be held on Fridays or Saturdays between 4-6 p.m. (the law restricts tastings to one time per week). The program will last for a year, then the state Liquor Control Board will decide whether to make them a permanent fixture at stores.

An exact date for the first tasting event, and what will be sampled, will be announced later. The South Hill location, located at 19111 Bothell Way NE, is the only one of Bothell’s two stores selected for the program.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

Question: Can I get a DUI if I passed the breath test, but they found drugs in my system?

Question Detail: I need to know if you are pulled over and charged with a DUI however I passed all the sobriety tests and breathalyzer tests but they got a search warrant for my blood and my blood they found methamphetamine and they are trying to find me guilty for that. Is that possible even if it stays in your system for up to seventy two hours or can they prove I was under the influence at the time of the stop ?

You can certainly be arrested, charged and even convicted for a drug related DUI.  However, because there is no “per se” component to drug DUI cases like there is in alcohol DUI cases (where a 0.08 or above means you’re guilty), the State/City must prove you’re impaired by the drug.  This is more difficult.  To prove impairment the prosecutor must show that your driving was indicative of a DUI driver, you did not perform well on field sobriety tests, and even that a drug recognition expect found that you were affected by the drug(s) in your system.  In drug DUI cases you have a greater chance of prevailing by you must hire an attorney who knows what they are doing.


For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

 

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Law Questions/Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Law Questions/Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115


Question: What do I do if I have to go to court for a DUI?

Question Detail: I recently got an DUI and have court tomorrow and don't know what to do. I have a clean record and would like to get this charge dropped down if possible.

 

It is a stressful situation going to court, particularly if it is your first time.  The first court appearance for DUI cases is to advise you of your rights, the penalties, and for you to enter a plea of NOT GUILTY (never guilty).  You’ll then sign for a future court date and leave.

Once you leave you must talk to a qualified DUI lawyer.  Even if you do not have the ability to hire an lawyer, you must talk to the attorney so he/she can advise you about what to expect.  If you cannot afford a private DUI attorney request a public defender.  Best of luck.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

 

Thursday, September 22, 2011

Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Questions / Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Questions / Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

Question: Does my sister need an attorney for a first DUI charge?
Question Detail: My sister got her first DUI over this weekend, she has No criminal record and her drivers record is/was clean up until now. Does she need an attorney?

If your sister was charged with a DUI she must have an attorney.  Despite the fact that this is her first offense she needs a lawyer to protect her rights and defend her against the charge.  An attorney can hopefully find a legal defense/issue to that can be used to fight the DUI and hopefully  result in fewer penalties.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable (425) 493-1115

 

Seattle Kirkland King County DUI Drunk Driving Lawyer: Seattle Police Department Dash Cams go Missing

Seattle Kirkland King County DUI Drunk Driving Lawyer:  Seattle Police Department Dash Cams go Missing

Seattle Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

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SEATTLE -- The KOMO 4 Problem Solvers have discovered that tens of thousands of police dash-cam videos —potentially critical evidence— have vanished from the Seattle Police Department.
It's just one example of why KOMO News is suing the Seattle Police Department for not releasing public records that citizens are supposed to be able to see. We spent more than a year investigating the department and fighting, on the public's behalf, for access to police videos and the department's video catalogue. As part of that investigation we discovered the missing videos.
In total, more than 45,000 videos vanished from the system over three years.
"Yes, a lot of video has disappeared and there have been efforts to recover them," Whitcomb said.
There's no way of knowing if the missing dashcam videos were of someone's field sobriety test or a case like Rachner's where it was his word against the cops. And while Rachner's research shows many of the videos have been restored, more than 15,000 are still missing.
Burns Petersen, a public defender with the Associated Counsel for the Accused, said it's upsetting if there is potentially exculpatory video that is not available to defendants.
The King County Prosecutor's Office and the county's public defender agencies told us they were never notified of any large loss of video evidence.

"There is a duty and a responsibility to obtain and preserve this evidence," Petersen said.
We don't know yet if those more than 15,000 missing videos may be critical for any criminal or civil cases. However, we have developed a database for the missing videos and we're making it available so any citizen can look for themselves.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook

Seattle Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable (425) 493-1115

 

Monday, September 19, 2011

Mukilteo Everett Snohomish County DUI Drunk Driving Lawyer: DUI Questions / Answers

Mukilteo Everett Snohomish County DUI Drunk Driving Lawyer: DUI Questions / Answers 

Mukilteo Everett DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

Question: Can I reduce the charge for my DUI case?
Question Detail: I was recently stopped for a DUI with a .08 alcohol level. Will I have the opportunity to have the charge reduced?

I’ll start with the typical lawyer response, it depends!  It depends on your prior criminal history, it depends on the court, it depends on the facts of the case, and so on.  However, it is more than likely (assuming your criminal history is negligible) that you’ll be able to have your DUI amended to a lesser charge.  Be smart about it and hire an attorney who practices in the court where your DUI is and also understands the nuances of DUI law.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook

Mukilteo Everett DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable (425) 493-1115

 

Snohomish County Traffic Ticket Lawyer: The Traffic Ticket Handbook

Snohomish County Traffic Ticket Lawyer: The Traffic Ticket Handbook

Snohomish County Traffic Ticket Lawyers- Experienced, Successful, Affordable

 (425) 493-1115

The following is an excerpt from the soon-to-be published The Traffic Ticket Handbook.  The book was written for two main reasons.  First, the majority of our DUI clients are stopped due to an alleged traffic violation and it is important to fight these claims from the very beginning to verify if the officer had probable cause to stop.  Second, our law firm also defends those accused of traffic violations and it is a valuable resource for these clients too.  This valuable traffic ticket guide details in its 100 pages the entire traffic ticket process and how to fight and beat the traffic ticket system.  The Traffic Ticket Handbook will be available at over 100 locations including Barnes and Noble and Amazon.com when it is released in early November, 2011.  David N. Jolly is the author of 6 DUI books and the first DUI App for iTunes in the United States.

This is a court of law, young man, not a court of justice.

Oliver Wendell Holmes

If you have been cited for a traffic ticket you generally have three choices.  The first is to grit your teeth and pay it.  The second is to request the court mitigate the ticket (reduce the financial penalty).  The third is to fight the ticket.  And it is the third option that this book will focus almost exclusively on.

If you do decide to fight the ticket the first thing you should be aware of are the court rules and procedures.  Such rules require the recipient of a traffic ticket to file the ticket and contest the charge within a certain time period following the issuance of the ticket.  This information is usually on the ticket itself so be certain that you read the back of the ticket so that you can thereafter submit the ticket in a timely fashion.

For information on your Snohomish County Traffic Ticket (Speeding Ticket) please contact our Snohomish County Traffic Ticket attorneys for a free consultation at 425-493-1115, email us at janean@davidjollylaw.com, or check out our main website at http://www.washdui.com.  We represent clients who have been charged with speeding ticket and other traffic tickets in every court in Snohomish County including Lynnwood Municipal Court, Everett Municipal Court, Edmonds Municipal Court, Marysville Municipal Court and all Snohomish County District Courts (for State speeding tickets or Mountlake Terrace traffic tickets, Mill Creek traffic tickets, Monroe traffic tickets, Arlington traffic tickets, Lake Stevens traffic tickets, and Mukilteo traffic tickets.

Author of The Traffic Ticket Handbook, the only book specifically about traffic tickets and speeding tickets written by a Washington State attorney.

Snohomish County Traffic Ticket Lawyers- Experienced, Successful, Affordable

(425) 493-1115