THE DUISEATTLE.COM BLOG

Can I get my Warrant recalled in Seattle Municipal Court?

In Seattle Municipal Court if the Warrant amount is typically less than $10,000.00 you can go to the first floor of the Seattle Justice Center, 600 Fifth Ave and set a hearing. (you will see clerk windows after security on right) You will not usually be taken into custody by the Court. However, the bench warrant will stay in place until the warrant quash hearing is held. If the Judge made the warrant pr'able (will say "no PR" if applicable) the court clerk can just quash (cancel) it at the window and set the next hearing for your case. (what type of hearing - {arraignment, pre-trial, sentencing, review/revocation} will depend on what stage of the case you were at when you missed your Court appearance) Obviously, the above information is subject to change at any time without notice. 

Can I get a payment plan for my DUI Attorney Fee?

Yes. Kotlowski Law Office PLLC offers flexible payment plans for your DUI Attorney Fee. Typically, $500  or so monthly depending on your circumstances. Please contact our office for details.  

Warrant - how do I set a hearing without being arrested in Seattle Muni?

In Seattle Municipal Court if the Warrant amount is less than $10,000.00 you can go to the first floor of the Seattle Justice Center, 600 Fifth Ave and set a hearing. (you will see clerk windows after security on right) You will not usually be taken into custody by the Court. However, the bench warrant will stay in place until the warrant quash hearing is held. If the Judge made the warrant pr'able (will say "no PR" if applicable) the court clerk can just quash (cancel) it at the window and set the next hearing for your case. (what type of hearing - {arraignment, pre-trial, sentencing, review/revocation} will depend on what stage of the case you were at when you missed your Court appearance) Obviously, the above information is subject to change at any time without notice. 

DUI bill would let some avoid ignition locks by promising not to drive | The Seattle Times

The State Legislature is proposing a bill that gives repeat DUI defendants an option to swear they won’t drive, instead of getting an ignition-interlock device (IID) installed while awaiting trial. See story interlocks  Some Courts such as Seattle Municipal Court already have this option. 

BUI - what's the maximum penalty?

Boating Under the Influence (BUI) is a Gross Misdemeanor in Washington State. The maximum sentence is $5000.00 in fines and 364 days in Jail. However, unlike a DUI there are no mandatory minimum on Jail or fines. 

DUI Arraignment - What is it and what happens?

It is when DUI charges are formally filed against you. At your DUI Arraignment Court Hearing the Judge or prosecutor will go over basic information about you (full name/date of birth - want to make sure got right person) and your legal constitutional rights at DUI Arraignment (some Courts will have a form that you will sign and submit to the Court - right to speedy trial, jury trial, presumption of innocence etc..)

Your attorney will then (1) acknowledge receipt of the DUI complaint from the prosecutor, (2) waive any formal reading of the DUI complaint/charge in open Court and (3) enter a not guilty plea to the Court on your behalf. The Judge will then determine if there was probable cause (PC) for the stop/arrest (by reviewing police report) which can always be challenged in a later Motions Hearing. (judge must find PC at arraignment to set below conditions of release)

The Judge will then proceed to set conditions of your release pending the outcome of your case and this may include fairly Standard DUI Conditions such as:

• Not operating a motor vehicle without a valid license or insurance;
• No refusal of a breath/blood/drug test upon reasonable request of law enforcement officer; 
• No new criminal law violations or alcohol-related infractions;
• No consumption of alcohol, THC, controlled substances or non-prescribed medications; 
• No driving with a BAC over .08 within two hours after driving;
• Appear for all scheduled court dates;
• Report any change of address to the court.

The conditions ultimately set depend on your prior driving/criminal history and the specific facts (i.e. breath test reading, driving, accident) of your case. The concern is whether or not you are a threat to the community (i.e. will continue to drink and drive) or you are a flight risk (not likely to show up for court). The Court can also impose additional conditions to minimize and/or mitigate your potential threat to the community or to secure your appearance such as: Requiring the IID (ignition interlock device) on any and all vehicles you may drive; Impose EHM (electronic home monitoring - house arrest); Impose Scram (alcohol monitoring device); Set Bail ($500.00+);  

 

You are typically before the Judge for only a few minutes. Although, you may spend awhile waiting for your turn. Every Court has different procedures. However, most will take those defendants with a private attorney first. 

Are DUI arrests down in Washington?

Yes. DUI filings (non-felony) in Washington State are down approximately 25% since 2010 according to Washington State Court Statistics. We were at nearly 40,000 annually in 2010 - but are now below 30,000. Not sure whether this is result of people being more responsible using cabs or car services like UBER or simply less officers/troopers patrolling our roadways. Either way, if people are being more careful and responsible  with their drinking and driving that is always a good thing. 

What happens if I do not meet the 4-month Ignition Interlock requirement?

Unfortunately, the 4-month period will keep extending itself. You will not get rid of the Ignition Interlock Device (IID) requirement until you have met it. You simply will not be able to obtain a driver's license without that IID restriction. It's a crazy policy, but that's the Legislature and DOL for you. 

THE DUISEATTLE.COM BLOG | Typepad

Is it worth vacating a DUI "reduced" charge?

Yes. In my opinion, it is well worth the money to vacate a negligent or reckless driving conviction. That said, it really depends on why you need to do it. Professionals often need it for career or travel reasons. Others may need it to qualify for foreign exchange or community service programs. Please contact my office for more details and eligibility.

What area of Seattle has the most DUI arrrests?

Ballard - according to yesterday's Seattle Times Article analyzing crime data in Seattle. Most DUI's arrests  I am not at all surprised by this having had many cases past and present including Washington State Patrol (WSP) from Ballard. The State Patrol tends to "hang out" in some Seattle neighborhoods. 

Do you DUI attorney's offer payment plans?

Yes/No. It depends on the attorney. Many in the Seattle/Bellevue metro area require full payment of the fee in advance. However, our office offers very flexible monthly payment plans for your DUI attorney fee. (minimum down payments vary from $1000.00 and up) 

Typical monthly payments range from $300.00 to $600.00. (we look at each client's financial situation) See Online Case Evaluation or simply call and/or text 24 hours a day to (206) 335-2422 to make an appointment with our office.

When should I do my Evaluation?

In most DUI cases, it is advisable to complete your alcohol/drug evaluation as soon as possible. I have had many cases where the client's very pro-active behavior helped get a desired resolution. That said, it is equally important to get the right evaluator and/or treatment agencies. The best resource are DUI attorneys who work with treatment agencies everyday.  Obviously, the goal is a fair and objective evaluation. 

How is the DUI attorney fee typically structered?

Most DUI Lawyers use a flat fee structure. For example, you pay so much without Jury Trial and an additional amount for Jury Trial. Some require full payment in advance, while others allow smaller down payments and monthly payment plans. Flat fees usually work in the client's favor because hourly would typically be much more expensive in most DUI cases. 

Where can I do my DUI Jail time?

If you have the funds and do not want to go to the downtown or MRJC in King County you can ask the Court to approve other alternative jails. (make sure to ask at sentencing hearing) These jails tend to be less stressful and have better conditions overall. The catch is that you have to pay for jail. (approximaely $85-$150 a day) Typically, best if you have only a few days to serve. Options are Issaquah, Kirkland and Enumclaw among others.