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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 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.
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...
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.
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...
2nd degree negligent driving background check
I received a second degree negligent driving charge in 2012 which was initially a DUI charge. I was below the legal limit so the charge was reduced. I am in the process of applying to nursing schools and am wondering what shows up on background checks for clinical rotations. I know DUIs make it hard to get placed at clinical sites. I'm stressed about getting kicked out of programs for the past charge and want to know about my options.
Negligent Driving in the Second Degree is only a traffic infection. Make sure to answer any question on the application...