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Will I need “SR-22 Insurance” with a Negligent driving first degree conviction?
No. A reduction of your DUI charge to Negligent Driving First Degree does not require SR-22 Insurance. However, SR-22 insurance will still be required – if you did not win the accompanying Civil Administrative Department of Licensing (DOL) Hearing.
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When can I expect Arraignment for my DUI arrest?
It depends. Some officers will give you this date when arrested (Seattle Police Dept.) others you will receive date in the mail within 20 – 30 days or so. (Washington State Patrol) Just depends on the arresting agency and area of the State. It is a good idea to have hired an attorney by your 1st Court appearance, if possible. Also, blood test DUI arrests usually take several months before charges are filed.
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Why are there no DUI checkpoints around Seattle?
Having recently been in Australia and experienced first hand a DUI checkpoint, it made me think again of the extra privacy protections we have in our automobiles in the Seattle metropolitan area. Unlike most States, the Washington State Supreme Court has outlawed roadblocks or DUI checkpoints in Washington. (39 states or so allow)
An officer must have a “valid reason” to contact you in your vehicle. The Court said: “No argument has been presented to this court that would bring the checkpoint program within any possible interpretation of the constitutionally required “authority of law.” The Seattle sobriety checkpoint program therefore violated petitioners’ rights under article 1, section 7. City of Seattle v. Mesiani, 755 P. 2d 775 – Wash: Supreme Court 1988.
“From the earliest days of the automobile in this state, this court has acknowledged the privacy interest of individuals and objects in automobiles”. State v. Ladson, 979 P. 2d 833 – Wash: Supreme Court 1999.
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Can I get a restricted license during a 30 day probation violation suspension?
No. You cannot get a restricted license during this period. This is a driver’s license suspension as a result of violating one (1) of the mandatory DUI conditions. -
Is there a license available if I am suspended for financial reasons?
Yes. The Occupational Restricted License (ORL) may work for you. For example, you are Suspended in the Third Degree for failure to pay court fines (i.e. traffic tickets in collection) or a outstanding Court Judgment. This license allows you to drive no more than 12 hours a day for school, work, court-ordered treatment, community service etc. See link for application, who’s eligible , who’s not, what’s permitted: ORL Application
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Can I postpone my Washington Department of Licensing Hearing?
Yes. You can continue or postpone the Washington State Department of Licensing (DOL) Administrative Hearing one (1) time – no questions asked. (more than once usually requires an emergency situation.) You will have to fill out an Administrative Hearing reschedule form available on the DOL website. See Link. Reschedule Hearing. You call DOL first to reschedule hearing and then fax the completed form to DOL.
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Can I drink alcohol on a mental health deferred prosecution?
No. One of the conditions of a DUI deferred prosecution whether for mental health or alcoholism is no drinking. This condition is in place for the duration of the five (5) year deferred prosecution probation period.
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In most DUI cases, it is advisable to complete your alcohol/drug evaluation as soon as possible. I have had many cases where the client’s very pro-active behavior helped get a desired resolution. That said, it is equally important to get the right evaluato
In most DUI cases, it is advisable to complete your alcohol/drug evaluation as soon as possible. I have had many cases where the client’s very pro-active behavior helped get a desired resolution. That said, it is equally important to get the right evaluator and/or treatment agencies. The best resource are DUI attorneys who work with treatment agencies everyday. Obviously, the goal is a fair and objective evaluation.
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Will my case automatically close after the probation period?
Not necessarily. You should always check with your DUI attorney or with the Court Clerk to make sure your case is timely closed. I have had many cases just stay open because of administrative inertia . You do not want it appearing you are still on probation months or even years after your case should have been officially closed.
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Can I vacate a DUI or Physical Control?
No. Unlike Reckless Driving, Reckless Endangerment and Negligent Driving reductions you cannot ever vacate a DUI or Physical Control Conviction. Blame the legislature for this prohibition.
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