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What could I expect at this hearing?
Hello, I'm in a pretty dire situation I feel like. I've fondled with the court system ever since i turned 18. In February of 2014 I was arrested for MIP, obstruction of Police Officer and a Theft. My lawyer resolved this case and I was to keep my nose clean for a year. Next we have June of 2015 where I was arrested for DUI this too was reduced down to a Negligent and I am to take an eight hour class and a victims panel. Recently I was pulled over for a Minor DUI and MIP In October of 2015 which was resolved to an MIP. Altogether my lawyer made me have on my record only an MIP and a Obstruction of Police Officer. I was made to serve a probation period of 6 months and sent to treatment for 6 months for 1 time a week on a plea bargain from the Minor DUI. I just recently met with my PO for the first time and I fear that I have violated probation. I blatantly told the PO about my alcohol usage during the probation period. I fear I may be put behind bars for a very long time. The PO cited me for a violation and told me I will expect a letter in the mail with a hearing date.
Your first call should be to a treatment agency to see if you can check into an inpatient treatment program. Your...
What legal recourse do I have here? I am not going to take this lying down.
Although I have never attempted to drive after drinking with the IIL -- not even 1 drop -- the faultiness of my device has registered 8-10 violations, a couple tampers and 1 missed retest. This gets put in a report that the DOL will see and then require me 4 more months. MY 3 MAIN ARGUMENTS: (1) Even if the device registered and accurate pass/fail 99.9% of the time, because driving every day for 4 months amounts to over 1,000 tests, this means a fail is STATISTICALLY GUARANTEED. 4 months compliance is nearly impossible unless you have a 100% functioning device. (2) When required to have the device installed by both the courts and DOL, I was never told how this device could be legally used against me. This is a violation of basic Constitutional rights (see https://en.wikipedia.org/wiki/Miranda_warning). Could they charge me with a felony for tampering with the device based on the device's own faulty detection of tampering? I have to be told. (3) There is a conflict of interest inherent in having a company manufacture a device for its customer if the malfunction of the device itself can cause the customer to be legally required to continue to be a customer.
What you need is an attorney and an expert witness. Point 2 appears to be invalid to me.
If I have a DUI can I make a connection through Canada? (SEA>Vancouver>Auckland)
I am flying from Seattle to New Zealand, but have a connection in Canada, and I have a DUI. Will I have to worry about entry into Canada if I am just making an international connection?
You'll *probably* be ok, provided you don't try to clear customs and actually stay in Canada.
How long does law enforcement have to test someone for alcohol impairment before any testing becomes invalid?
I read somewhere awhile ago that police have a limited amount of time to conduct breath/blood tests on a person suspected of drunk driving, and once that time has past any testing becomes inadmissible in court. What is that time limit, and what sorts of testing does that apply to in Washington?
One of the elements of per Se DUI is that the driver is at or above .08% BAC "within two hours of driving." If test...
Does the law setting 1 yr or 5 yr IID as stated require, as stated, that the first CONVICTION be under .502, or 1 yr by .5249?
I received a DUI under WA RCW 46,61.502. I had a first, reduced and sentenced under.5249. Negligent. The IID law states that a second CONVICTION under .502 results in 5 yr of IID, but does not address a CONVICTION under .5249, though criminal considers it a dui for the purpose of deferred prosecution.
Have you called the DOL and asked what their requirements are for your specific case/issue. If you haven't call 360-...
How do I get the Revocation Quashed? They blew it, the Administrative Hearing itself would be unproductive; Quashing would help
I got a dui in Seattle WA. The officers did not give me the mandatory" Drivers Hearing Request" form or the "Request for Fee Waiver" form, well documented in the detailed report that they were NOT given. Miranda (criminal) rights were given, administrative rights per WA and Fed right to Due Process of Law was not. I received the dated letter from the DOL "Notice of Suspension" 23 days after the arrest notifying me I had 20 days from the arrest date to request an Administrative hearing. Obviously now impossible, I applied and was denied. I believe my Constitutional right to Due Process of Law was violated and the suspension should be Quashed.
You are correct that you have a due process right to notice and the opportunity to be heard. You can request a hearing...
What am i looking at as a sentence? Could i go to jail for a while this time? Will Washington find out about my PA dui history?
Unfortunately I made some mistakes and got 2 dui convictions in Pennsylvania in around 2006. I now live in Washington state and made the same stupid mistake and got another dui. I believe all were above .15. Will Washington state know about my pa dui's. Does it count as a big felony now? I did about 2 months for my secong dui so i hope its not much worse in Washington.
You need to assume the court and prosecutor here will be aware of your prior two convictions. Even if they are more...
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