Can I answer “No” to the questions of whether I was arrested or on probation if all of my charges were dismissed?
I am applying for a job that asks if I have ever been arrested, convicted or on probation. My question is do I need to answer yes to any of these if my charges were dismissed in court. I was on pre-trial supervision while going through this and I am not even sure I was […]
My boyfriend got an Assault in the 4th degree – Domestic Violence (DV), and this will be his third strike….
What is going to happen? How long can his sentence be? The judge put a mandatory protection order for two and a half months and a $5,000 cash only bail. Michael’s answer: 4th degree assault domestic violence. Assault in the 4th degree is a gross misdemeanor and thus cannot be a “Third Strike” under Washington’s […]
Is there a set amount of time for Department of Licensing Administrative Suspension hearing for DUI?
So I got a DUI on December 17 2013. I mailed the DoL DUI hearing form 17 days after that happened trying to get as close to the 20 day mark as possible, and now after today it will be 40+ days since I mailed it. If they take too long does it just get […]
Are Field Sobriety Tests (FSTs) Voluntary?
How is it voluntary if you are arrested if you don’t agree to perform them?? Michael’s answer: FSTs are ABSOLUTELY voluntary and a driver should never agree to perform them. That said, the law on whether such a refusal is admissible at trial is unsettled. And law enforcement has become very adept at playing what […]
If the State can’t prove I was over .08, how can I be convicted of DUI?
Michael’s answer: .08 DUI limit. They will attempt to prove impairment by a combination of observations by the officer and other witnesses including driving, appearance, odor, coordination, speech, etc.
Just got my 1st DUI. Can I do a Deferred Prosecution?
Michael’s answer: 1st DUI Deferred Prosecution. First, how much more “time” you do will depend on the facts of your case, how it is ultimately resolved and how long you were in jail when you were arrested. But for a 1st offense it should be no more than two days with credit for the time […]
Got a DUI 2 days ago, had one 14 yrs ago went defferred then, any chance I can get this one brought down to a lesser charge?
Q: I hold a CDL really need to retain it for employment. A: DUI lesser charge. While your old deferred won’t look good, it will not count as a mandatory prior because it is outside of 7 years. Your new charge can be reduced, but that deferred will make it a bit tougher. Make sure […]
Can I challenge a DUI if the police officer did not check if my mouth was empty before administering the breathalyzer?
Q: After being pulled over for not using his turn signal, my roommate was was coaxed into performing a breathalyzer test where he blew a .09. Before performing the test, however, he was not asked to clear his mouth of any foreign objects (of which he admittedly had none). I have read that this can […]
How Bail in Washington Works
How Washington bail works this is an infographic provided by All City Bail Bonds, a bail bond company in Bellingham.
Unethical Sub-contracting in Representation
Watch Out for This! By Michael P. Brodsky Unethical Sub-contracting in Representation. In February of last year, I was cold-called by a representative of the Terani Law Firm regarding sub-contracting representation for a then yet-to-be named client charged with a serious felony in another county where I practice pretty regularly. Terani, I later learned, is located […]