Should I take the DUI Breath Test?
Lots of folks ask me if they should agree to take a breath test if they are arrested for a DUI. That used to be a pretty easy question to answer because the penalty for refusing – a two year license suspension with NO possibility of driving during the suspension – was so very harsh. […]
Minor in Possession
Minor in Possession or MIP Minor in Possession or MIP is shorthand for RCW 66.44.270, Furnishing liquor to minors–Possession, use–Penalties–Exhibition of effects, and it is probably the most commonly charged crime in the City of Bellingham, particularly when WWU is in session. But for a common crime, it’s pretty complicated. There are 3 ways a […]
I am a Canadian citizen and I received a speeding ticket in Washington in 1991. Is there a statute of limitations on tickets? If not, how do I pay from BC? Will I get arrested if I travel to the United States?
Michael’s answer: Is there a statute of limitations on tickets? Generally, unpaid tickets do not go away and they will suspend your driving privilege in Washington even if you don’t have a Washington license. So if you are Canadian (or other), and drive into Washington you would be driving with a suspended license and subject […]
In Washington, does a Minor in Possession of Alcohol conviction effect your license if your are 18? years old
Michael’s answer: If you were already 18 when you received the Minor in Possession (MIP) it should not effect your license.
I did 8 months of treatment on my deferred prosecution but cannot afford it any longer. How much jail will I serve?
Michael’s Answer: Partial Deferred Prosecution? That will depend on the underlying facts of the case. Specifically, if it a 2nd offense with a BAC > .08 but < .15 then you will be looking at a mandatory minimum sentence of 30 days jail PLUS 60 days electronic home monitoring (EHM). If it was a refusal […]
Q: I am 14 years old and was caught shoplifting beer and I am wondering what will happen to me?
Michael’s answer: Underage Shoplifting? You will likely be charged with the Theft in the 3rd Degree (Less than $250) and Minor in Possession of Alcohol (MIP). As a juvenile you will be entitled to appointed counsel (a public defender) regardless of how much you or your parents earn although you are permitted to hire private counsel […]
Q: Do I need to get an attorney in the state I received the DUI?
My husband just notified me that he was taken to the police station and released after completing the field sobriety test (and 1 at police station)in AZ while on vacation driving his rental car from a baseball game. We live in Washington. He had a “reckless driving” ticket in 2004-nearly 10 yrs ago. What is […]
Q: Is my DUI considered a second offense?
6 yrs 11 months ago I was charged w/ DUI, BAC .12. I plead out to a reckless driving and in the admission to the reckless, the plea did not state “under the influence of alcohol “. Additionally I was never made aware that this could or would be considered a prior DUI offense for […]
Do I need a lawyer to petition for a “deferred prosecution” on a First Offense DUI?
Today I went to my first court appearance after receiving my first DUI last Friday and called a DUI attorney who I met with and he went to court with me to plead not guilty and do a deferred prosecution and have court in a month. To hire the attorney it would be $3,000 total, […]
I have been charged with theft in the 3rd degree, what type of a punishment am I looking at?
I have been charged with theft in the 3rd degree… RCW 9A.56.050.: I have no criminal record… This is my first offense and this was a stupid mistake I made… I admitted it to the Mt. Vernon police… If the value was $63.00, a stupid mistake, without a criminal record ever what type of a […]