Uncategorized Archives - Page 8 of 18 - james-kotlowski

When should you consult an immigration attorney in A DUI case?

Any time you are dealing with a non-citizen in a criminal case your attorney should consult with an immigration attorney. It is very important for your DUI attorney to know the ramifications of a guilty plea or conviction on your current status.

- February 4, 2016
What’s an off the record continuance?

Some courts (i.e. Seattle Municipal) will allow you to do a continuance of the DUI pre-trial hearing date without appearing before the Judge. (off the record so to speak) You are still required to be present in the Courthouse. Your attorney will take care of all the paperwork and have the judge sign it. You will also need to excute a speedy trial waiver in most cases.

- February 3, 2016
How long will my DUI case last in King County?

My typical King County DUI case lasts anywhere from 6-12 months from start to finish. Obviously, this is case specific. DUI Cases that go to Jury trial can last up to 12-18 months. The goal is to get an acceptable resolution no matter how long it takes. Moreover, every case or factual scenario is different. Most DUI cases will have a Civil Administrative DOL (Department of Licensing) Hearing and a Criminal part for the DUI charge.

- February 2, 2016
What’s the liklihood of a deferred sentence on Reckless Driving?

Not very good. But it does happen sometimes. If you receive a reduction from DUI or Physical Control to Reckless or Negligent Driving a deferred sentence is still an option for the Judge. However, very few Judges in Washington State will give you a deferred sentence on a Reckless or Negligent Driving reduced from DUI. However, you never know and I have been surprised on occasion. Obviously, it is important to have a DUI attorney that is familiar with Judges in your Court and which ones may give a deferred sentence.

- February 1, 2016
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.

- November 4, 2015
Will I be required to appear at the 5-year hearing on a deferred prosecution?

Maybe. It depends on the Court. This is the hearing where your DUI is dismissed. If you are in compliance, timely completed the 2-year treatment and complied with all the other court’s conditions – your appearance is usually not required in most Courts. However, I would check with the Court Clerk or your attorney just to be sure.

- November 3, 2015
Why was my vehicle impounded when I was arrested for DUI?

Hailey’s Law in Washington State requires a mandatory impound of your vehicle for twelve (12) hours on any vehicle driven by a person arrested for DUI or Physical Control. So even if you are released by the officer or trooper after the arrest and it is your very 1st offense – your vehicle will be impounded.

- November 2, 2015
Will my license be punched when arrested for DUI?

No. Washington State Law enforcement officers no longer punch your license when arrested for DUI or Physical Control. The law changed in 2013 doing away with this requirement.

- November 1, 2015
What’s the maximum jail sentence on a Washington State DUI?

364 days. Unless, it is a felony (5th in 10 years). With a 1/3 off for good time – about 8 months. That is the maximum jail time a Judge can impose on you for violations of the Court’s DUI conditions. Obviously, depending on the offense level there may be mandatory minimums on your DUI case. You may also be eligible for work release.

- October 31, 2015
Will a Fourth DUI be a felony in Washington State?

Maybe soon. Current Washington State law is that a fifth DUI within 10 years is a felony. There was a proposal the 2015 legistative session to make a ‘fourth DUI a felony, but it failed. See story http://www.komonews.com/news/local/Bill-would-make-4th-offense-DUI-a-felony-in-Wash-state-289354051.html

- October 30, 2015