Can I answer “No” to the questions of whether I was arrested or on probation if all of my charges were dismissed?

by Mike Brodsky | Jan 27, 2014 | Updates

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...

My boyfriend got an Assault in the 4th degree – Domestic Violence (DV), and this will be his third strike….

by Mike Brodsky | Jan 27, 2014 | Updates

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...

Is there a set amount of time for Department of Licensing Administrative Suspension hearing for DUI?

by Mike Brodsky | Jan 27, 2014 | Updates

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 dismissed?...

Are Field Sobriety Tests (FSTs) Voluntary?

by Mike Brodsky | Jan 21, 2014 | Updates

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...

If the State can’t prove I was over .08, how can I be convicted of DUI?

by Mike Brodsky | Jan 21, 2014 | Updates

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.