Showing posts with label washington. Show all posts
Showing posts with label washington. Show all posts

April 10, 2015

Can I postpone my Washington Department of Licensing Hearing?

THE DUISEATTLE.COM BLOG : Can I postpone my Washington Department of Licensing Hearing? window.fbAsyncInit = function() { FB.init( { apiKey: 'a279adbe87e2b3c505e777af99a5260d', xfbml: true } );};( function() { var e = document.createElement( 'script' ); e.async = true; e.src = document.location.protocol + '//connect.facebook.net/en_US/all.js'; document.getElementById( 'fb-root' ).appendChild( e );} )(); THE DUISEATTLE.COM BLOG Your 2015 Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. OVER 20 years of experience. Call or Text right now - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI W James Kotlowski Attorney at Law PLLC, Attorneys - DUI, Seattle, WA Can I postpone my Washington Department of Licensing Hearing?Do I need an attorney at DUI arraignment?How can I check my Washington License Status?Do you DUI attorney's offer payment plans?When should I do my Evaluation?What documents do I need for my evaluation?Can I drink alcohol on a mental health deferred prosecution?How is the DUI attorney fee typically structered?What's the very minimum treatment requirement on my DUI case?Where can I do my DUI Jail time? Search OFFICEContact Information
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Categories20 day hearing notice2012 Boating opening day2013 Boating Under the Influence2nd deferred prosecution60 days ABOUT THE AUTHORAlcohol ReportAlcohol/Drug EvaluationalcoholismArraignmentAttorney FeesBAC LimitBailBail Bond CompanyBail HearingBoating chargesBoating under the influencebreath test machineBreath Test RecordsBUICanadaChanges to the Law Choosing an AttorneyCommunity Serviceconditions of releaseCost of DUICourt CostsCourt ProcessCourt Recordscoverage areaCriminal History (DCH)Current AffairsCustodydeferred prosecutiondeferred sentenceDifferences in JurisdictionDifferent JurisdictionsDOL administrative hearingDOL HearingDOL IssuesDOL SubpoenasDraegerDrivers LicenseDriving TestDUI arrestDUI arrest DUI arrest videoDUI BailDUI BlogsDUI Deferred ProsecutionDUI filingDUI JailDUI newsDUI Payment PlansDUI preventive measuresDUI ProbationDUI Probation violationsDWLS/3EHDEHMEmergency Vehicles Employer ExemptionevidenceExpert Expunge DUIFelony DUIfinesGamesHelpful TipsHiring an attorneyHit & RunIgnition Interlock LicenseIIDIILImmigration ConsequencesIMPOUNDImpound LawInterstate drivers license compactinvestigationJailjurisdictionJurorsJury Trialmental health deferredminimum treatmentMissed DOL Hearing NVOLOccupational LicenseOfficeOne a lifetimeonline case evaluationPayment PlansPBTPDRPlea BargainPractical TipsPre-arrestpre-trial hearingsPrescription Drugsprobable cause to arrestProbable Cause to StopProbable Cause to Stop ProbationProbation Probation OfficerProbation ViolationPunched LicensequestionsRALJReckless DrivingReinstate LicenseRelapseRestricted Licenserevoked deferred prosecutionRight to AttorneyRoad BlocksSCRAMSeattle Municipal CourtSentencingSentencing OptionsSOCSOLSPDSpecial Series: DUI 2012 Law ChangesSR-22 InsuranceState ID statementsStatementssuspension period expirestalk to policeTow feesTracking InfractionsTraffic SchoolTravelTravel to CanadaTreatmentVacate DUIVacate recordvideoviolation of conditions or releasewaiveWarrantsWashington State DUI NewsWashington State Ferry Witnesseswork releaseDUI Newshttp://www.wkyt.com/home/headlines/Senator-talks-about-DUI-charge--289625721.html
SCOTUS to hear Colorado DUI blood test case « Hot Air
Video emerges of Texas judge who failed sobriety test and DUI charges dropped | Daily Mail Online

Beer batter led to DUI? 5 craziest crimes of week
http://www.indystar.com/story/news/crime/2014/12/11/indiana-judge-resigning-after-dui-clarksville-mickey-weber/20239393/
Judge on trial: Cynthia Imperato's DUI and reckless driving case will be heard by a jury starting Dec. 16 - Sun Sentinel
SEE IT: Texas judge stumbles through DUI sobriety test - NY Daily News
New award recognizes DUI officers doing exceptional work | www.kirotv.com
This victim impact panel is for young people charged with DUI - Chicago Tribune
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Alcohol Drug Evaluation (Seattle Metro)
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Ignition Interlock License Application
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King County District Court
King County District Court Online Payments
Lynnwood Municipal Online Payments
Traffic School: NTSI
Vacate Traffic Conviction Record
Vern Fonk Insurance (SR-22)
Warrant? Procedures - King County District Court
Washington Snohomish County Jail Register
Washington State, King County Jail Register
CELEBRITY DUISDetroit Lions' Nick Fairley rejects plea offer in DUI case | AL.com
Yolanda Foster Opens Up About Daughter Bella Hadid's Shocking and Disappointing DUI Arrest | E! Online
Manziel’s bodyguard arrested for DUI, while driving Manziel’s car | ProFootballTalk
Snooki's Husband Jionni LaValle Pleads Guilty to DUI After Wedding - Us Weekly
Rapper Xzibit Arrested for Alleged DUI Shortly After Getting Married - Yahoo
Amanda Bynes pleads no contest to 'wet reckless' in DUI case - latimes.com
Justin Bieber Reportedly Rejects DUI Plea Deal | Celebrity-gossip.net
Justin Bieber DUI Case Update: Plea Deal Rejected | ExtraTV.com
Vikings LB Henderson arrested again for DWI - Yahoo Sports
Motion to dismiss Marshawn Lynch DUI case denied | Seattle Seahawks | The Olympian
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March 28, 2015 Can I postpone my Washington Department of Licensing Hearing?Yes. You can continue or postpone the Washington State Department of Licensing (DOL) Administrative Hearing one (1) time - no questions asked. (more than once usually requires an emergency situation.) You will have to fill out an Administrative Hearing reschedule form available on the DOL website. See Link. Reschedule Hearing. You call DOL first to reschedule hearing and then fax the completed form to DOL. 

Posted at 10:08 AM in DOL administrative hearing, DOL Hearing, DOL Issues | Permalink

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February 13, 2015

What's the maximum jail sentence on a Washington State DUI?

THE DUISEATTLE.COM BLOG : What's the maximum jail sentence on a Washington State DUI? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI W James Kotlowski Attorney at Law PLLC, Attorneys - DUI, Seattle, WA Where can I do my DUI Jail time?What's the maximum jail sentence on a Washington State DUI?Is a Deferred Prosecution recorded as a conviction?What are common DUI reductions in Washington State?How long will my DUI case last?Will I be required to appear at the 5-year hearing on a deferred prosecution? Will a Fourth DUI be a felony in Washington State?How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public? Search OFFICEContact Information
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January 2015 Sun Mon Tue Wed Thu Fri Sat         1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AboutDISCLAIMERPLEASE NOTE:This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The linked sites are not under the control of the Law Office of W. James Kotlowski PLLC and the Office is not responsible for the contents of any linked site. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. W. James Kotlowski is licensed to practice law in the State of Washington only.ArchivesJanuary 2015December 2014November 2014October 2014September 2014August 2014July 2014June 2014May 2014April 2014More...

Categories20 day hearing notice2012 Boating opening day2013 Boating Under the Influence2nd deferred prosecution60 days ABOUT THE AUTHORAlcohol ReportAlcohol/Drug EvaluationalcoholismArraignmentAttorney FeesBAC LimitBailBail Bond CompanyBail HearingBoating chargesBoating under the influencebreath test machineBreath Test RecordsBUICanadaChanges to the Law Choosing an AttorneyCommunity Serviceconditions of releaseCost of DUICourt CostsCourt ProcessCourt Recordscoverage areaCriminal History (DCH)Current AffairsCustodydeferred prosecutiondeferred sentenceDifferences in JurisdictionDifferent JurisdictionsDOL administrative hearingDOL HearingDOL IssuesDOL SubpoenasDraegerDrivers LicenseDriving TestDUI arrestDUI arrest DUI arrest videoDUI BailDUI BlogsDUI Deferred ProsecutionDUI filingDUI JailDUI newsDUI Payment PlansDUI preventive measuresDUI ProbationDUI Probation violationsDWLS/3EHDEHMEmergency Vehicles Employer ExemptionevidenceExpert Expunge DUIFelony DUIfinesGamesHelpful TipsHiring an attorneyHit & RunIgnition Interlock LicenseIIDIILImmigration ConsequencesIMPOUNDImpound LawInterstate drivers license compactinvestigationJailjurisdictionJurorsJury Trialmental health deferredMissed DOL Hearing NVOLOccupational LicenseOfficeOne a lifetimeonline case evaluationPayment PlansPBTPDRPlea BargainPractical TipsPre-arrestpre-trial hearingsPrescription Drugsprobable cause to arrestProbable Cause to StopProbable Cause to Stop ProbationProbation Probation OfficerProbation ViolationPunched LicensequestionsRALJReckless DrivingReinstate LicenseRelapseRestricted Licenserevoked deferred prosecutionRight to AttorneyRoad BlocksSCRAMSeattle Municipal CourtSentencingSentencing OptionsSOCSOLSPDSpecial Series: DUI 2012 Law ChangesSR-22 InsuranceState ID statementsStatementssuspension period expirestalk to policeTow feesTracking InfractionsTraffic SchoolTravelTravel to CanadaTreatmentVacate DUIVacate recordvideoviolation of conditions or releasewaiveWarrantsWashington State DUI NewsWashington State Ferry Witnesseswork releaseDUI Newshttp://www.wkyt.com/home/headlines/Senator-talks-about-DUI-charge--289625721.html
SCOTUS to hear Colorado DUI blood test case « Hot Air
Video emerges of Texas judge who failed sobriety test and DUI charges dropped | Daily Mail Online

Beer batter led to DUI? 5 craziest crimes of week
http://www.indystar.com/story/news/crime/2014/12/11/indiana-judge-resigning-after-dui-clarksville-mickey-weber/20239393/
Judge on trial: Cynthia Imperato's DUI and reckless driving case will be heard by a jury starting Dec. 16 - Sun Sentinel
SEE IT: Texas judge stumbles through DUI sobriety test - NY Daily News
New award recognizes DUI officers doing exceptional work | www.kirotv.com
This victim impact panel is for young people charged with DUI - Chicago Tribune
WASHINGTON STATE DUI LEGAL RESOURCES AA Meetings
Alcohol Drug Evaluation (Seattle Metro)
Alcohol Ignition Interlock Device
Alcohol/Drug Treatment (Western WA)
Alcohol/Drug Treatment (payment plans available)
Court Date: Seattle Municipal Court
Court Date: Washington State Courts
Criminal Record: Washington State Patrol
DOL Driver License Questions
DOL Driver Licensing forms
Driver License Status: Real Time
DUI Victims Panel
ECR -King County District Court
Ignition Interlock License Application
Insurance SR 22
Issaquah Jail and Inmate Info
King County District Court
King County District Court Online Payments
Lynnwood Municipal Online Payments
Traffic School: NTSI
Vacate Traffic Conviction Record
Vern Fonk Insurance (SR-22)
Warrant? Procedures - King County District Court
Washington Snohomish County Jail Register
Washington State, King County Jail Register
CELEBRITY DUISDetroit Lions' Nick Fairley rejects plea offer in DUI case | AL.com
Yolanda Foster Opens Up About Daughter Bella Hadid's Shocking and Disappointing DUI Arrest | E! Online
Manziel’s bodyguard arrested for DUI, while driving Manziel’s car | ProFootballTalk
Snooki's Husband Jionni LaValle Pleads Guilty to DUI After Wedding - Us Weekly
Rapper Xzibit Arrested for Alleged DUI Shortly After Getting Married - Yahoo
Amanda Bynes pleads no contest to 'wet reckless' in DUI case - latimes.com
Justin Bieber Reportedly Rejects DUI Plea Deal | Celebrity-gossip.net
Justin Bieber DUI Case Update: Plea Deal Rejected | ExtraTV.com
Vikings LB Henderson arrested again for DWI - Yahoo Sports
Motion to dismiss Marshawn Lynch DUI case denied | Seattle Seahawks | The Olympian
DAILY READINGCapitol Hill Times | Serving Capitol Hill and First Hill Since 1926 - Seattle, WA
Dallas Morning News
Front | Tri-City Herald : Mid-Columbia news
Madison Park Times | Serving East-Central Seattle Since 1983 - Seattle, WA
Melbourne Herald Sun
New York Times
Politico.com
Queen Anne & Magnolia News - Seattle, WA
Redmond Reporter - Local News, Sports, Entertainment
Saint John Telegraph Journal
Subscribe to this blog's feedLEGAL REFERENCE Arizona Criminal Lawyer and Phoenix DUI Laws and Criminal Defense
bulk.resource.org
Business.gov - Official Business Link to the U.S. Government
Data.Seattle.Gov | Seattle's Data Site
General Name Change Information
King County Bar Association
Law Dictionary
Legal Research, Casemaker
Oregon Revised Statutes
Oregon State Bar
OTHER LEGAL BLOGS/SITES Avvo Blog
Civl Litigation Attorney
Employment Law Blog
Family Law: Collaborative Divorce (Eastern Washington)
Index of Legal Blogs
Professional Licensing Issues
Real Estate/Estate Planning Attorney
« Is a Deferred Prosecution recorded as a conviction? |Main| Where can I do my DUI Jail time? »

January 28, 2015 What's the maximum jail sentence on a Washington State DUI?364 days. Unless, it is a felony (5th in 10 years). With a 1/3 off for good time - about 8 months. That is the maximum jail time a Judge can impose on you for violations of the Court's DUI conditions. Obviously, depending on the offense level there may be mandatory minimums on your DUI case. You may also be eligible for work release.

Posted at 05:28 AM in DUI arrest , Sentencing, Sentencing Options, work release | Permalink

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February 10, 2015

Mandatory Washington DUI Probation Violation Penalties

Mandatory Washington DUI Probation Violation Penalties, 30 Days Jail | Washington DUI Washington DUI Google+ HomeAbout Our FirmYour DUI DefenseDUI Facts and InfoBlogContact Recent Posts Mandatory Washington DUI Probation Violation PenaltiesProposed Bill Would Make Fourth Washington DUI a FelonyDUI With Child in Car? Preparing for CPS Referral in Washington DUI Cases Challenges, Stays and Early Reinstatements of HTO License RevocationsPhysical Control in Washington - Confusion, Elements and DefensesSeattle and Washington State Marijuana DUI LawFee Increase to Request Administrative DOL HearingNew Washington DUI Laws Address Reckless Driving, Home Detention And HuffingReductions From DUI to Reckless Driving No Longer To Result In Additional License SuspensionsDUI Victims Panel, Attend Early, Be ProactiveMore Mandatory Washington DUI Probation Violation Penalties Submitted by tcmilios on Thu, 01/29/2015 - 3:15pm Washington DUI sentencing courts in impose a number of standard, and sometimes even unique, conditions upon a DUI conviction.  Some are affirmative conditions, i.e. pay fines, complete an alcohol evaluation, participate in alcohol treatment, and attend DUI victims panel.  Others are prohibitive. Don't commit law violations, don't consume alcohol, don't drive without an ignition interlock.  Violations of any conditions imposed by the court can mean additional sanctions being imposed.  Certain violations, however, result in mandatory penalties, with very little discretion allowed.

 

Pursuant to RCW 46.61.5055 (11)(A), there are three violations of a DUI probation that require the court to impose a mandatory penalty.  The way the statute reads, upon a conviction for DUI the sentencing court must impose the following conditions:

 

Not driving within Washington without a valid license to drive and proof of insuranceNot driving a motor vehicle in Washington with an alcohol concentration above .08 or a THC concentration above 5.00 nanograms within two hours of drivingNot refusing to a test of blood or breath upon lawful request by law enforcement. 

That same statute further requires that for EACH violation of the above conditions found to have been committed, the court is required to impose 30 days of confinement AND 30 days of license suspension.  So, by way of example, if a person on a DUI probation were to be caught driving without proof of insurance, refused to take a breath test and then provided a blood sample with an alcohol concentration in excess of .08, that person would be looking at 90 days of confinement and 90 additional days of license suspension.

 

One of the real problems with these severe and mandatory sanctions is that, as often as not, the person on probation rarely knows that these specific violations will result in mandatory penalties.  Occasionally a judge will point this out or the individual's lawyer will specifically advise them of this fact.  Usually, however, that person leaves court only knowing that such conduct is prohibited but not that the harsh mandatory penalty will result from such violations.

 

The takeaway from all of this?  If you are in this position, make sure your license and insurance are valid and intact and that the Washington DOL has your updated address of record.  It's these two violations that we see significantly more than any other. An unpaid speeding ticket results in a license suspension and the individual hasn't updated his address with DOL and never receives notice of the suspension.  Insurance accidentally lapses or proof isn't available at the time of the stop.  It seems unnecessarily harsh that someone would have to spend 30-60 days in confinement for a simple oversight.  Especially when the underlying conviction may have only resulted in  one or two days in jail to begin with. With that being said, that is exactly what Washington DUI courts are required to impose in such circumstances.  So be vigilant and cautious to avoid unwittingly falling into this situation.

 

 

 

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Use of this legal website constitutes acceptance of the Milios Defense Terms of Service. The material on this site is for informational purposes only regarding DUI legal issues, and is not a substitute for legal advice provided by an attorney or lawyer and does not establish an attorney-client relationship. © 2014 Milios Defense, LLP. We want to be your Seattle DUI Attorney. All rights reserved. Seattle DUI Lawyer website Last Updated: October 27, 2014.

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February 9, 2015

What are common DUI reductions in Washington State?

THE DUISEATTLE.COM BLOG : What are common DUI reductions in Washington State? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI W James Kotlowski Attorney at Law PLLC, Attorneys - DUI, Seattle, WA Where can I do my DUI Jail time?What's the maximum jail sentence on a Washington State DUI?Is a Deferred Prosecution recorded as a conviction?What are common DUI reductions in Washington State?How long will my DUI case last?Will I be required to appear at the 5-year hearing on a deferred prosecution? Will a Fourth DUI be a felony in Washington State?How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public? Search OFFICEContact Information
Law Office of W. James Kotlowski PLLC 1411 Fourth Avenue,Suite 1130Seattle, Washington 98101 Tel: (206) 395-2004james@duiseattle.com www.DUISeattle.com
FREE ONLINE CASE EVALUATION
January 2015 Sun Mon Tue Wed Thu Fri Sat         1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AboutDISCLAIMERPLEASE NOTE:This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The linked sites are not under the control of the Law Office of W. James Kotlowski PLLC and the Office is not responsible for the contents of any linked site. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. W. James Kotlowski is licensed to practice law in the State of Washington only.ArchivesJanuary 2015December 2014November 2014October 2014September 2014August 2014July 2014June 2014May 2014April 2014More...

Categories20 day hearing notice2012 Boating opening day2013 Boating Under the Influence2nd deferred prosecution60 days ABOUT THE AUTHORAlcohol ReportAlcohol/Drug EvaluationalcoholismArraignmentAttorney FeesBAC LimitBailBail Bond CompanyBail HearingBoating chargesBoating under the influencebreath test machineBreath Test RecordsBUICanadaChanges to the Law Choosing an AttorneyCommunity Serviceconditions of releaseCost of DUICourt CostsCourt ProcessCourt Recordscoverage areaCriminal History (DCH)Current AffairsCustodydeferred prosecutiondeferred sentenceDifferences in JurisdictionDifferent JurisdictionsDOL administrative hearingDOL HearingDOL IssuesDOL SubpoenasDraegerDrivers LicenseDriving TestDUI arrestDUI arrest DUI arrest videoDUI BailDUI BlogsDUI Deferred ProsecutionDUI filingDUI JailDUI newsDUI Payment PlansDUI preventive measuresDUI ProbationDUI Probation violationsDWLS/3EHDEHMEmergency Vehicles Employer ExemptionevidenceExpert Expunge DUIFelony DUIfinesGamesHelpful TipsHiring an attorneyHit & RunIgnition Interlock LicenseIIDIILImmigration ConsequencesIMPOUNDImpound LawInterstate drivers license compactinvestigationJailjurisdictionJurorsJury Trialmental health deferredMissed DOL Hearing NVOLOccupational LicenseOfficeOne a lifetimeonline case evaluationPayment PlansPBTPDRPlea BargainPractical TipsPre-arrestpre-trial hearingsPrescription Drugsprobable cause to arrestProbable Cause to StopProbable Cause to Stop ProbationProbation Probation OfficerProbation ViolationPunched LicensequestionsRALJReckless DrivingReinstate LicenseRelapseRestricted Licenserevoked deferred prosecutionRight to AttorneyRoad BlocksSCRAMSeattle Municipal CourtSentencingSentencing OptionsSOCSOLSPDSpecial Series: DUI 2012 Law ChangesSR-22 InsuranceState ID statementsStatementssuspension period expirestalk to policeTow feesTracking InfractionsTraffic SchoolTravelTravel to CanadaTreatmentVacate DUIVacate recordvideoviolation of conditions or releasewaiveWarrantsWashington State DUI NewsWashington State Ferry Witnesseswork releaseDUI Newshttp://www.wkyt.com/home/headlines/Senator-talks-about-DUI-charge--289625721.html
SCOTUS to hear Colorado DUI blood test case « Hot Air
Video emerges of Texas judge who failed sobriety test and DUI charges dropped | Daily Mail Online

Beer batter led to DUI? 5 craziest crimes of week
http://www.indystar.com/story/news/crime/2014/12/11/indiana-judge-resigning-after-dui-clarksville-mickey-weber/20239393/
Judge on trial: Cynthia Imperato's DUI and reckless driving case will be heard by a jury starting Dec. 16 - Sun Sentinel
SEE IT: Texas judge stumbles through DUI sobriety test - NY Daily News
New award recognizes DUI officers doing exceptional work | www.kirotv.com
This victim impact panel is for young people charged with DUI - Chicago Tribune
WASHINGTON STATE DUI LEGAL RESOURCES AA Meetings
Alcohol Drug Evaluation (Seattle Metro)
Alcohol Ignition Interlock Device
Alcohol/Drug Treatment (Western WA)
Alcohol/Drug Treatment (payment plans available)
Court Date: Seattle Municipal Court
Court Date: Washington State Courts
Criminal Record: Washington State Patrol
DOL Driver License Questions
DOL Driver Licensing forms
Driver License Status: Real Time
DUI Victims Panel
ECR -King County District Court
Ignition Interlock License Application
Insurance SR 22
Issaquah Jail and Inmate Info
King County District Court
King County District Court Online Payments
Lynnwood Municipal Online Payments
Traffic School: NTSI
Vacate Traffic Conviction Record
Vern Fonk Insurance (SR-22)
Warrant? Procedures - King County District Court
Washington Snohomish County Jail Register
Washington State, King County Jail Register
CELEBRITY DUISDetroit Lions' Nick Fairley rejects plea offer in DUI case | AL.com
Yolanda Foster Opens Up About Daughter Bella Hadid's Shocking and Disappointing DUI Arrest | E! Online
Manziel’s bodyguard arrested for DUI, while driving Manziel’s car | ProFootballTalk
Snooki's Husband Jionni LaValle Pleads Guilty to DUI After Wedding - Us Weekly
Rapper Xzibit Arrested for Alleged DUI Shortly After Getting Married - Yahoo
Amanda Bynes pleads no contest to 'wet reckless' in DUI case - latimes.com
Justin Bieber Reportedly Rejects DUI Plea Deal | Celebrity-gossip.net
Justin Bieber DUI Case Update: Plea Deal Rejected | ExtraTV.com
Vikings LB Henderson arrested again for DWI - Yahoo Sports
Motion to dismiss Marshawn Lynch DUI case denied | Seattle Seahawks | The Olympian
DAILY READINGCapitol Hill Times | Serving Capitol Hill and First Hill Since 1926 - Seattle, WA
Dallas Morning News
Front | Tri-City Herald : Mid-Columbia news
Madison Park Times | Serving East-Central Seattle Since 1983 - Seattle, WA
Melbourne Herald Sun
New York Times
Politico.com
Queen Anne & Magnolia News - Seattle, WA
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January 27, 2015 What are common DUI reductions in Washington State?Common reductions in DUI (from DUI) cases are Reckless Driving, Negligent Driving and less common Reckless Endangerment. The negotiating environment these days is very difficult and the key to getting a reduction or (plea bargain) is having an experienced DUI attorney working on your DUI case.

Posted at 04:58 AM in Plea Bargain, Practical Tips | Permalink

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February 8, 2015

Proposed Bill Would Make Fourth Washington DUI a Felony

Bill Making Fourth DUI in Washington State A Felony Being Considered | Washington DUI Washington DUI Google+ HomeAbout Our FirmYour DUI DefenseDUI Facts and InfoBlogContact Recent Posts Proposed Bill Would Make Fourth Washington DUI a FelonyDUI With Child in Car? Preparing for CPS Referral in Washington DUI Cases Challenges, Stays and Early Reinstatements of HTO License RevocationsPhysical Control in Washington - Confusion, Elements and DefensesSeattle and Washington State Marijuana DUI LawFee Increase to Request Administrative DOL HearingNew Washington DUI Laws Address Reckless Driving, Home Detention And HuffingReductions From DUI to Reckless Driving No Longer To Result In Additional License SuspensionsDUI Victims Panel, Attend Early, Be ProactiveDUI Emphasis Patrols for King, Pierce and Snohomish Counties Announced for St. Patrick's DayMore Proposed Bill Would Make Fourth Washington DUI a Felony Submitted by tcmilios on Fri, 01/23/2015 - 4:28pm

Will Washington state make a fourth DUI in ten years a felony? Washington law makers are again considering legislation that would further toughen what are arguably already the nation's strictest DUI laws by doing just that. If such a bill were to be presented, it would mark the third time in three years that such an attempt has been made.  Currently, it takes five DUI "convictions" in ten years for an offense to be considered a felony. A conviction can be an actual conviction for DUI, a conviction for a lesser offense that began as a DUI such as Reckless Driving or Negligent Driving, as well as successful completion of what is known as a Deferred Prosecution.

Previously, similar sponsored bills had not passed based primarily on the cost that such a provision would pass on to Washington tax payers.  The cost of building the extra prison alone would run into the millions.  As such, a cost/benefit analysis needs to be performed. Realistically, someone convicted of a 4th offense within 10 years will likely get a year in jail.  Making such an offense a felony would only add a small amount of incarceration but do so at a tremendous cost. Is it worth the extra expenditure?  It seems likely that if this legislation is continuously proposed it will eventually pass.  That is the reality of DUI legislation.  No legislator wants to be tagged as "soft on DUI" come election time.  Hopefully, as in the past two years, law makers will recognize that more prisons will be neither efficacious nor effective.

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Use of this legal website constitutes acceptance of the Milios Defense Terms of Service. The material on this site is for informational purposes only regarding DUI legal issues, and is not a substitute for legal advice provided by an attorney or lawyer and does not establish an attorney-client relationship. © 2014 Milios Defense, LLP. We want to be your Seattle DUI Attorney. All rights reserved. Seattle DUI Lawyer website Last Updated: October 27, 2014.

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February 3, 2015

Will a Fourth DUI be a felony in Washington State?

THE DUISEATTLE.COM BLOG : Will a Fourth DUI be a felony in Washington State? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI W James Kotlowski Attorney at Law PLLC, Attorneys - DUI, Seattle, WA How long will my DUI case last?Will I be required to appear at the 5-year hearing on a deferred prosecution? Will a Fourth DUI be a felony in Washington State?How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public?Am I entitled to an attorney at my DUI Probation Violation Hearing?Is Washington State coming out with a new breath test machine?Will the roadside portable breath test (PBT) at the vehicle be used in my DUI case?Will my license be punched when arrested for DUI? Search OFFICEContact Information
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January 25, 2015 Will a Fourth DUI be a felony in Washington State?

Maybe soon. Current Washington State law is that a fifth DUI within 10 years is a felony. There is a proposal this 2015 legistative session to make a 'fourth DUI a felony. See  story http://www.komonews.com/news/local/Bill-would-make-4th-offense-DUI-a-felony-in-Wash-state-289354051.html  

Posted at 02:39 PM in Changes to the Law , Current Affairs | Permalink

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December 21, 2014

Seattle and Washington State Marijuana DUI Law

I-502 Passage Creates New Washington Marijuana DUI Law, .05 Limit Set | Washington DUI Washington DUI Google+ HomeAbout Our FirmYour DUI DefenseDUI Facts and InfoBlogContact Recent Posts DUI With Child in Car? Preparing for CPS Referral in Washington DUI Cases Challenges, Stays and Early Reinstatements of HTO License RevocationsPhysical Control in Washington - Confusion, Elements and DefensesSeattle and Washington State Marijuana DUI LawFee Increase to Request Administrative DOL HearingNew Washington DUI Laws Address Reckless Driving, Home Detention And HuffingReductions From DUI to Reckless Driving No Longer To Result In Additional License SuspensionsDUI Victims Panel, Attend Early, Be ProactiveDUI Emphasis Patrols for King, Pierce and Snohomish Counties Announced for St. Patrick's DaySeattle Police Officer Arrested For DUI; Refuses Field Sobriety TestsMore Seattle and Washington State Marijuana DUI Law Submitted by tcmilios on Wed, 11/28/2012 - 12:04pm

On November 6, 2012, the voters of the State of Washington passed Initiative 502 on marijuana reform. From the broader public perspective, the passage of this measure legalizes the adult possession of small amounts of marijuana for personal use and creates both a system to tax the sale of marijuana and marijuana products and a revenue stream designated for substance abuse education and treatment. From a DUI perspective, I-502 creates a very specific legal standard for Marijuana DUI setting a per se limit of active THC of 5 nanograms per milliliter of blood.

Marijuana DUI prosecution in Washington State after I-502

Prior to the passage of I-502, there was no set legal limit for THC as it related to Washington DUI law. If the state believed an individual had been driving while impaired by the use of marijuana, it had to prove actual impairment irrespective of the actual level of THC in driver’s system. Under the new law, set to go into effect on December 6, 2012, the presence of 5 nanograms of THC in a state approved blood test within two hour of driving creates a per se DUI akin to a .08 level of alcohol.

Studies suggest that individuals can pass physical and cognitive tests at a much higher THC level than the current legal standard. Additionally, people would likely register the 5 nanograms level or higher even several hours after marijuana consumption. So whereas the laws as they relate to alcohol DUI at least attempt to criminalize driving after consuming an amount that would affect one's ability to drive, the recently passed THC levels appear to more arbitrary. In fact, whereas there is tolerance within the law for driving after drinking alcohol responsibly, no such tolerance exists with respect to marijuana consumption prior to driving after the passage of I-502..

Washington Marijuana DUI Consequences

While the new marijuana DUI statute changes how and when the state can pursue a marijuana DUI conviction, the general consequences of a marijuana DUI remain unchanged except for one major exception. Prior to the new law, there existed no administrative sanction for driving a motor vehicle with THC in the driver’s system, regardless of the level. Now, under this statute, as with drivers who either refuse a breath test or give a breast sample greater than or equal to .08, there are licensing consequences under the new marijuana DUI law as well. As in cases where an individual refuses a breath test or blood alcohol test, refusing legally requested marijuana blood sample could result in an administrative license revocation of at least one year; two years if it is a second or subsequent offense within seven years. A blood test result of 5.0 nanograms of THC or greater would result in a 90 day suspension; two years for second or subsequent offense within seven years. The criminal sanctions associated with a marijuana DUI conviction remain largely unchanged.

Marijuana DUI and Persons Under 21 Years of Age

Zero Tolerance. I-502 only authorizes adults over the age of 21 to possess undergone ounce of marijuana. The new marijuana DUI guidelines reflect this lack of tolerance. A driver under 21 years old who has a THC concentration above 0.0 but less than 5.0 could face charges of Driving After Consuming Marijuana. This charge is similar to the charge of Minor Operating a Motor Vehicle After Consuming Alcohol. It is not a DUI and does not have the same penalties as a DUI but it is still a crime and may have stiff licensing consequences. If the THC was greater than 5.0, the minor driver could face a marijuana DUI just the same as his or her adult counter part would, regardless of his age.

Effects on Medical Marijuana users

It's one thing to tell a recreational drug user that there is no tolerance for driving after consumption of the drug. It's another thing entirely to take the keys out of the hands of one who relies on a prescription medication regardless of impairment or lack thereof. Unfortunately, that is exactly what I-502 appears to do. Because the established legal limit is so low, it is very likely that anyone who uses marijuana on a daily basis for medical and therapeutic purposes will find themselves over the new legal limit at virtually all times. Be sure to consult with your physician as well as a Washington DUI attorney to see how the new law may apply to you.

Advice to drivers after the passage of I-502

Essentially we give the same advice to marijuana users as we do to those who drive after consuming alcohol. If you drive after consuming any amount of marijuana, as with alcohol, you are testing fate. People get stopped, arrested and charged for DUI, even when they are not impaired, all of the time. Often times, the initial stop has nothing to do with impaired driving but then turns into a DUI investigation after to odor of an intoxicant is discovered. And whereas the smell of alcoholic beverages can be difficult to mask, the smell of marijuana is even more difficult to hide. If you consume marijuana do not drive, you will be at even greater risk for a DUI prosecution than ever.

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November 26, 2014

Washington County has state's highest DUI conviction rate


At 89.7 percent, Washington County had the highest conviction rate in Maryland last year for driving-under-the-influence cases.
Washington County State's Attorney Charles Strong said he attributed the 462 drunken-driving convictions in 2013 to good police work.
"We have a good group of police officers in the field making good cases," he said.
Washington County's conviction rate was followed by Howard County at 88.8 percent, Frederick County at 87.64 percent, Charles County at 87.56 percent and Wicomico County at 87.3 percent, according to the Maryland State's Attorney's Association.

The average conviction rate statewide was 77.56 percent.
"We do have a number of experienced prosecutors who have been at it a while," Strong said. 
"Experience breeds success. It goes back to experience at the police level and the prosecutor level," he said.     
Law-enforcement officers made 23,225 DUI arrests across the state in 2013, according to the state's attorney's association. Of those, 6,008 were found guilty and 11,003 received probation before judgment, for a total of 17,011, the statistics show.
Probation before judgment means that the court has heard enough facts to support a guilty finding, but the judge wishes not to burden the defendant with a criminal conviction on his or her record.
The statistics show 1,293 of the people who were charged statewide failed to appear in court, and 72 people died with charges pending. A total of 4,921 people were found not guilty, the state's attorney's association said.
In Washington County last year, 550 people were arrested and charged with driving under the influence or driving while intoxicated. Thirty-five of those cases have not been resolved because one person died, 15 failed to appear in court and 19 were unable to be located, according to statistics. 
Of the 515 cases that went to court, guilty convictions were obtained on 184 of those charged in Washington County, and an additional 278 received probation before judgment, the statistics said.
Fifty-three cases were dismissed.
Lt. Michael Fluharty, commander of the Maryland State Police barrack south of Hagerstown, said aggressive enforcement of drunk or drugged driving has always been a top priority for troopers.
He said he agreed with Strong that the high conviction rate for DUIs should be attributed to the "excellent working relationship between law enforcement and prosecutors."
"Law enforcement has a duty to our community to bring strong evidence for the cases the state's attorney presents for prosecution," Fluharty said. "We must work together to ensure the message gets to the public that any drunk or drugged driving will be strictly enforced and prosecuted." 
Strong said he anticipates that the upcoming holiday season would produce a fresh batch of drunken-driving cases for prosecutors to handle.
"Unfortunately, we're looking at another busy year," he said.  
In Maryland, drivers are charged with a DUI if their blood-alcohol content is 0.08 percent or higher, according to the state Motor Vehicle Administration.
A first offense carries a maximum sentence of a year in jail and a $1,000 fine. The offender also loses his or her driver's license for six months. 
For a DWI, drivers must have a blood-alcohol content of 0.07 percent or lower, the MVA said.
A first offense for a DWI carries a maximum sentence of 60 days in jail and a $500 fine. A 60-day license suspension also applies.
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