Michael P. Brodsky Blog
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...read more
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.read more
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...read more
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...read more
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"...read more
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...read more
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...read more
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...read more
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...read more
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...read more
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 dismissed?...read more
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...read more
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.read more
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...read more
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...read more
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...read more
How Washington bail works this is an infographic provided by All City Bail Bonds, a bail bond company in Bellingham.read more
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...read more