Other Charges

DWLS

Getting stopped for a traffic ticket and then being arrested because your license is suspended is embarrassing, and potentially devastating. Your drivers license could be at stake. Your liberty is at stake. You need to have representation that not only knows the legal system, but how to work through the DOL maze.

What you need to know:

Driving while license suspended has three degrees. First and Second degree are gross misdemeanors under Washington Law. They carry a maximum penalty of one year in jail and a $5000 fine, plus they can include additional mandatory drivers license suspensions. Third degree is a misdemeanor under Washington Law, punishable by up to 90 days in jail and a $1000 fine. The best way to avoid these is to not be convicted. If I can negotiate a settlement or get your case dismissed – you can avoid some or all of these. Call me NOW to get started with your FREE Consultation | 425-424-9401.

The nuts and bolts:

RCW 46.20.342 Driving while license invalidated — Penalties — Extension of invalidation.

(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver’s license is not guilty of a violation of this section.

    (a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

    (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver’s license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person’s driver’s license or driving privilege has been suspended or revoked by reason of:

    (i) A conviction of a felony in the commission of which a motor vehicle was used;

    (ii) A previous conviction under this section;

    (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

    (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver’s license, a temporary restricted driver’s license, or an ignition interlock driver’s license;

    (v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

    (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

    (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

    (viii) A conviction of RCW 46.61.500, relating to reckless driving;

    (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

    (x) A conviction of RCW 46.61.520, relating to vehicular homicide;

    (xi) A conviction of RCW 46.61.522, relating to vehicular assault;

    (xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

    (xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

    (xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

    (xv) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;

    (xvi) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

    (xvii) An administrative action taken by the department under chapter 46.20 RCW; or

    (xviii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.

    (c) A person who violates this section when his or her driver’s license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person’s driver’s license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver’s license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers’ licenses, or any combination of (i) through (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

    (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:

    (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

    (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

    (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver’s license, the period of suspension or revocation shall not be extended. [-Back To Top-]

MIP

An MIP arrest is far more serious than you might realize. Your drivers license could be at stake. Your liberty is at stake. You need to have representation that not only knows the legal system, but MIP law.

What you need to know:

MIP is a gross misdemeanor under Washington Law. It carries a maximum penalty of one year in jail and a $5000 fine, plus a potential drivers license suspension. The only way to avoid these is to not be convicted of MIP. If I can get your case dismissed (quite often the case on a first offense) – you can avoid some or all of these. Call me NOW to get started with your FREE Consultation | 425-424-9401.

The nuts and bolts:

RCW 66.44.270 Furnishing liquor to minors — Possession, use — Penalties — Exhibition of effects — Exceptions.

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

    (2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

    (b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.

    (3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

    (4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

    (5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

    (6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years. [-Back To Top-]

POM

Misdemeanor possession of marijuana is no joking matter. Your liberty is at stake. You need to have representation that not only knows the legal system, but Drug law.

What you need to know:

Possession of marijuana under 40 grams is a misdemeanor under Washington Law. It carries a maximum penalty of 90 days in jail and a $1000 fine. More importantly, Possession has mandatory MINIMUM penalties. If you are convicted – you MUST serve jail time. You MUST pay fines. The only way to avoid these is to not be convicted. If I can negotiate a lesser charge or get your case dismissed – you can avoid some or all of these. Call me NOW to get started with your FREE Consultation | 425-424-9401.

The nuts and bolts:

RCW 69.50.4014 Possession of forty grams or less of marijuana — Penalty.

Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of forty grams or less of marijuana is guilty of a misdemeanor.

RCW 69.50.425 Misdemeanor violations — Minimum penalties.

A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community restitution. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. [-Back To Top-]