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Do I need a “DUI” attorney for my case?
Yes. It may seem obvious, but often it is not. Your case might seem hopeless and you may feel why bother spending monies on a experienced “DUI” attorney. First, no case is insurmountable and I have seen many many bad cases reduced or even dismissed. That said, DUI cases are complex, difficult and no one should have to go through the Court and DOL process alone – no matter the outcome. Attorneys who do DUI’s everyday understand this, not to mention all the little tricky DOL rules as well as the Courts, prosecutors and Judges. Ask yourself – would you go to an optometrist for a heart problem? The same applies when picking an attorney.
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Who do you recommend for Alchol Drug Information School (ADIS)?
I usually recommend a couple of places for Alcohol Drug Information School (ADIS) and DUI Victims Panel. A DUI Victim’s Panel will always be required with your case. The ADIS is the very minimum treatment requirement. They can usually be completed together on a Saturday. North Star Group in Renton ( North Star Treatment Group ) and Assessment & Treatment Associates ( Assessment & Treatment Associates ) which has several locations in the Seattle Metro area.
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What is Reckless Endangerment?
In Washington State, a person is guilty of R eckless Endangerment when she recklessly engages in conduct not amounting to drive-by shooting but that – creates a substantial risk of death or serious physical injury – to another person. Reckless Endangerment is a gross misdemeanor and is sometimes used as a reduction in DUI cases. It’s main advantage over Reckless Driving is no license suspension.
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How do I look up if someone is in Jail in King County?
See link for real-time online register. Remember, when a person is booked or released it can take several hours or more for them to be processed. King County Jail Register Look-up
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Who do you recommend for a DUI Bail Bondsmen in Washington?
Stay out of Jail. I really like Lacey O’Malley. They are very personable, care about their clients and do a great job. See Lacey O’Malley See video on how bail Bonds works: How do Bail Bonds Work?
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What is the test protocol for the Portable Breath Test (PBT)?
In Washington State, the (portable breath test) PBT is used by law enforcement to find probable cause to arrest for DUI or Physical Control. The PBT is administered at the scene of the DUI stop. It is not used in the case-in-chief that goes before the jury. However, it is used in Hearings challenging the arrest by the defense. That said, the Washington Administrative Code (WAC) sets out specific detailed instructions on how the test is to be administered. Any devation will compromise the PBT test. Officers often do it incorrectly. See below:
WAC 448-15-030 Test Protocol
(1) The operator shall advise the subject that this is a voluntary test, and that it is not an alternative to any evidential breath alcohol test.The operator must perform the test according to the policies and procedures approved by the state toxicologist. The operator will perform the following test protocol:
(2) The operator shall determine by observation or inquiry, that the subject has not consumed any alcohol in the fifteen minutes prior to administering the test. If the subject has consumed alcohol during that period, the officer should not administer the screening test for probable cause purposes until fifteen minutes have passed. If the subject responds that they have not consumed any alcohol in the last fifteen minutes, the officer may offer the subject the opportunity to provide a breath sample into the PBT.
(3) Ensure a blank test result is obtained.
(4) Have the subject exhale into the mouthpiece with a full and continuous exhalation.
(5) Observe the results.
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How many days do I have to subpoena the officer or trooper for the DOL Hearing?
Ten (10) business days (excluding holidays and weekends) is the requirement not including the day of service. The subpoena must be signed by a Department of Licensing (DOL) Hearing Officer and accompanied by the witness fee check. See link for form. DOL Subpoena -
How many days do I have to appeal a DOL Decision?
You have 30 days from the date of the Order to appeal a Department of Licensing (DOL) Hearing to Superior Court. -
When can I enter a deferred prosecution on my DUI?
Anytime, up to seven (7) days before trial. Although, I have entered them as late as the day of trial. Obviously, you need to know the Court and what they will accept.
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Can I sit out the the Ignition Interlock Device (IID) period on a DUI?
Yes, you can sit out – all but four (4) months. If the Ignition Interlock Device is required because of a DUI, Physical Control, 2nd or subsequent Reckless or Negligent Driving (within/7) conviction it does apply. A 4-month certification is required from the ignition interlock device installer/vendor showing compliance with RCW 46.20.720 before the interlock requirement can be removed. See Form: 4 Month IID Compliance Form
The ignition interlock restriction will remain in effect until the Department of Licensing (DOL) receives a declaration from the person’s ignition interlock installer/vendor certifying that there have been none of the following incidents in the four consecutive months prior to the date scheduled for removing the interlock:
(a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;
(b) Failure to take or pass any required retest; or
(c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.
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