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Is an Ignition Interlock Device required on a Deferred Prosecution for DUI?
Yes. A deferred prosecution always requires the Ignition Interlock Device (IID) regardless of the basis for the deferred. (i.e. mental problems, alcohol).
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How long will my DUI case be open after a plea?
Typically 5 years. A lot more than many felonies. Although, if it is a first offense- low blow you might ask for a shorter period. Very judge and Court specific though.
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How many times can I do a Deferred Prosecution on a DUI?
In Washington State you only can do a deferred prosecution one time in your lifetime. If you did one 25 years ago you are not eligible. Regardless, of whether the law was different then.
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Does Kotlowski Law Office handle Anti-Harassment Petitions in King County, Washington?
Yes. Kotlowski Law Office PLLC handles Anti-Harassment Petitions in King County, Washington. We have experience in representing both sides. The person asking for the Order (Petitioner) or the person defending against the Petition for an Anti-Harassment Order. (Respondent)
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Is Arraignment a Mandatory Court Appearance for DUI?
Yes. Arraignment for DUI cannot be waived by your attorney in Washington State. If the charge is Reckless or Negligent Driving only – arraignment can be waived by your attorney.
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Is an Ignition Interlock Device required with a Deferred Prosecution?
Yes. An ignition interlock device (IID) is mandatory for a Deferred Prosecution. The minimum time period is one (1) year. It can be longer if you have a prior record.
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Can I subpoena the officer for my DOL Hearing?
Yes. If there are no good legal issues I usually recommend we subpoena the officer for the Department of Licensing Hearing (DOL). If the officer fails to show, the matter will be dismissed. You have a right to cross examine the officer – but only if you properly subpoena her.
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How many days do I have to request a DOL Hearing?
In Washington State, you have 20 days from the date of your arrest or notice from DOL (if blood draw). This will be changing to 7 days in 2019.
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In 2018 am I required to take the Field Sobriety Tests on the Side of the road?
NO. You are not legally required to take theses tests.
The three (3) Field Sobriety Tests (FST’s) typically administered by a trooper or officer are the Horizontal Gaze Nystagmus (HGN)(pen light), walk and turn and one-leg stand.
Sometimes, the trooper or deputy will administer additional tests such as the ABC’s, backwards count and finger-to-nose among others. She also might administer the portable breath test (PBT). This is the breath test at the scene that is used primarily for establishing and determining probable cause to arrest and is not admitted into evidence, other than for that purpose.
Generally, you need to remember that these tests are voluntary. The upside is that if you pass them the trooper might not arrest you. However, this very rarely happens and the downside is that you are providing evidence and building the prosecutor’s DUI case against yourself. The fact of the matter is that these tests can be difficult under any circumstances for most people.
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What is the Court’s Jurisdiction on a DUI?
The Court’s jurisdiction on a DUI is five (5) years. This means you are subject to the Court’s “DUI conditions” for that time period even if you are on unsupervised (non-active/compliance) probation. However, in some Courts, Judges will shorten jurisdiction if you have no history. (i.e. 36 months)
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