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Can I get financial assistance for the ignition interlock device?
Yes. The Washington State Department of Licensing (DOL) provides financial assistance (if eligible) for the Ignition Interlock Device (IID) See link. IID financial assistance . If you are indigent and the DOL has required you to install an IID you can use this form to apply for assistance with the costs of installation, removal, and leasing of the IID. (typical IID costs range between $100-$150 monthly)
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Is a “plea bargain” a good resolution for my DUI case?
Yes, most of the time. (especially these days) However, it ultimately depends on your case and the specific f acts. A plea bargain is where your Washington State DUI attorney, after reviewing all the evidence (police reports, blood/breath test records etc.) and fully investigating your case (interviewing officers/witnesses etc.) comes to an agreement with the State and/or City Prosecutor on amending or reducing your DUI or Physical Control charges. Most often, this happens at the DUI pre-trial hearing, but can happen any time in the proceedings – even right before the jury trial itself.
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What happens if I do not meet the 4-month Ignition Interlock requirement?
Unfortunately, the 4-month period will keep extending itself. You will not get rid of the Ignition Interlock Device (IID) requirement until you have met it. You simply will not be able to obtain a driver’s license without that IID restriction. It’s a crazy policy, but that’s the Legislature and DOL for you. -
Can I get my Deferred Prosecution dismissed early?
No. Notwithstanding, your completing alcohol/drug treatment ahead of schedule. (you started treatment before entering deferred prosecution in Court – not unusual) According to Washington State law the earliest your DUI or Physical Control can be dismissed is 5 years from the date of entering or acceptance of the deferred prosecution by the Court.
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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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