Michael P. Brodsky Blog

Should You Take the Roadside Field Sobriety Tests?

A  lot of my DUI clients tell me they agreed to to take the "voluntary" filed sobriety tests (FSTs) offered by the law enforcement officer because they wanted to appear "cooperative" or simply didn't understand that they had every right to decline to submit to those...

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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...

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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...

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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...

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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...

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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...

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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...

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