Washington DUI and Traffic Infraction Defense Lawyer

An arrest for Driving Under the Influence (DUI) calls for the immediate attention of an experienced criminal defense lawyer. Michael P. Brodsky, Attorney at Law  has 13 years of experience in criminal law . At my Bellingham, Washington office, I vigorously and completely defend clients facing drunk driving charges, along with those charged with any type of moving violation. Contact me today for honest, aggressive, compassionate representation.

During my13-year career I have handled hundreds of DUI cases. Every case is different and it is important to have an attorney who understands the process involved with a successful DUI defense. I will take the time to understand your situation, concerns and unique circumstances. My experience allows me to quickly assess your case, explain your options, and prepare a strategy for your defense. I believe in open, honest and regular communication. In other words, your phone calls will be returned promptly. I care about my clients and I am dedicated to pursuing the best outcome in every case.

The possible consequences of a DUI conviction include jail time, heavy fines, increased insurance costs, the loss of a license and much more. A DUI is not the end of the world. Many of these consequences can be reduced or avoided altogether with the help of a knowledgeable defense lawyer. From voluntary treatment programs to plea agreements meant to avoid time spent in jail, it is vital to have an attorney dedicated to protecting your interests.

I also appreciate and address the unique problems facing Canadian clients charged with DUI and U.S. residents who travel regularly to Canada. A conviction for DUI, or even a reduced charge such as Negligent Driving in the First Degree or Reckless Driving may prevent admission to Canada for ten years!

One aspect of DUIs that most people don’t understand is that the Department of Licensing (DoL) can and will act independently of the Courts to suspend your privilege to drive for from 30 days to seven years. You have only 20 days to request a hearing from the DoL to postpone and hopefully, avoid a loss of your driving privilege. Further, the public defender cannot represent you in a DoL hearing.

DUI / DWI Deferred Prosecution

• What is a deferred prosecution ?  A deferred prosecution under RCW 10.05 is a program in the State of Washington, whereby if you are accused of certain crimes, including DUI, and the crime was caused by alcoholism, drug addiction, or mental health problems, the case can be dismissed if you receive treatment for that problem.

• Should I do a deferred prosecution?  That is a complex and difficult question to answer and will depend on the facts of your case and your criminal history.

• Will I lose my license if I do a deferred prosecution?  No, but you will be required to install an ignition interlock device in any non-work vehicle you drive.

• Will I go to jail if I do a deferred prosecution? No. There is no jail component for a deferred prosecution.

• Is a deferred prosecution the “easy way out?”  No, it is not.  It is often very difficult.  It is a huge commitment of time, money and energy. You will have to admit your problem in open court and agree to complete the prescribed treatment.

• How long is the treatment program for an alcoholism related deferred prosecution? Treatment plans vary but the law requires a two-year treatment program. Three years after successful completion of the treatment program, but not less than five years after the entry of the deferred prosecution, the case will be dismissed.

• I had a deferred prosecution before, can I do anotherone? No. You can only do one in a life time. This is why I always advise clients to think long and hard before entering a deferred prosecution, particularly on first offenses or weak cases. The ‘trade off’ makes more sense when you are facing 30,45,90 or 120 days in jail plus mandatory electronic home monitoring following jail if you are convicted of a second or third offense within seven years.

• I did a deferred and am tired of treatment, can I stop going?  No. If you stop going then the deferred prosecution will be revoked.  You will be convicted of the DUI.  The Court will still make you finish the treatment.

• Can I travel to Canada during or after successfully completing a deferred prosecution?  Probably. Unfortunately, Canada does not have a clear cut policy and it’s difficult to predict exactly what the Canadian authorities will do. And while individual border agents have a lot of discretion, but my experience has been that persons on a deferred prosecution or having successfully completed one have been permitted to enter.

• Other things to keep in mind:

• Even a successfully completed deferred prosecution will count as a prior conviction if you receive another DUI within seven years. 
• You must pay for treatment. Inability to pay is not an excuse for failing to complete your deferred prosecution.

Traffic Infractions

Traffic infractions can threaten your license and your livelihood. Increased insurance premiums and the loss of a driver's license or Commercial Driver's License (CDL) are among the many possible consequences of a traffic violation conviction. I handle moving violations and non-moving violations of every sort, from speeding to negligent driving in the second degree with great success. You have the right to a hearing to help you avoid the negative consequences of a traffic infraction.

Remember, you only have 15 days from the date of the violation to request a hearing. Delay could cost you your right to contest your ticket.

Contact us for assistance with a DUI/DWI or traffic violation.
We accept MasterCard, Visa and Discover.

Michael P. Brodsky, Attorney at Law
115 Magnolia Street
Suite 206
Bellingham, WA 98255-4300
Phone: (360) 756-5120
Fax: (360) 671-1285