Michael P. Brodsky Blog
Misdemeanor Criminal History
Anybody who has been convicted of a crime knows the detrimental effects of that conviction can linger long after the case has been resolved. These are what we in the law call the “collateral consequences” of having criminal history and they can range from the loss of...
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...
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...
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...
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...
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...
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...
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"...
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...
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...
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...
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...
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...
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?...
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...
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...
