Legal Question in DUI Law in Washington

First DUI

Recently, I received a DUI driving home from a bar with my friend. I ran a stop sign and a state trooper pulled me over. I blew a 0.9 on the first test, and when taken to jail a 1.25 I believe. They didn't impound the car, and I didn't spend any time in jail. I was handed the DOL hearing information, but I have no idea of when my court date is..I have still received no information in the mail about my arraignment and to fill out the DOL hearing form(I'm indigent at the moment), I would need my court paper work attached with it, I plan on getting a public defender by the way. So, how would I do this if I havn't received any notice for a court date? Also, this happened 12 days ago. One more question(Sorry!), there was a death in the family and I have to go to the funeral out of state but without knowing my court date I don't want to be out of state when I finally get the paper work, I already have the plane flight booked and will be out there for quite a while..so if my family receives the information and my court date is scheduled while I'm out of state is there a way to postpone it until I return? Thank you in advance for any help it's greatly appreciated!


Asked on 6/04/09, 5:57 am

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: First DUI

Varying by the county/city you are in, the public defense is almost always provided by the same office. So, find out who that is even if you don't have a date. The court can tell you. Since it was a state trooper you are likely to be in county (district) court, not municipal court. Sign a speedy trial waiver and make a copy of the documents showing your planned trip (the airline ticket for example). Leave these with the office that will provide your public defense. The public defender usually isn't assigned until you have a court date which could be anywhere from days to months to years away (I represent someone right now who's case was 1 and 1/2 years ago). Get the number for that office. When your family gets the court date you can be in touch with the public defender and make sure the secretary gets them the documents you already left for them. That should be everything they need to continue the case until you get back from the funeral. Needless to say, the Judge may appreciate seeing a copy of the death certificate.

At your service,

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Answered on 6/04/09, 11:26 am
Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: First DUI

Just adding to Mr. White's response: as to the DOL hearing, you should be able to send the form in without a copy of your court paperwork. I've never seen that required before. You only have twenty days to send it in and I suggest you mail it certified/return receipt to have proof that it was mailed timely. It is not unusual to go through a DUI arrest and end up with no court paperwork (actually, absent it being a municipal law enforcement arrest, that's the norm). You should get something in the mail in a few weeks. There's not much you can do re: rushing the process or getting a court date lined up. Law enforcement sends its papers to the appropriate prosecutor who has to review and determine charges, and who then files the same which prompts the court date. It is not unusual for this to take weeks, and it can actually drag out over months. You can try following Mr. White's advice re: the public defender and providing them proof- I don't know if that will work, but it's worth a try. The only other option is to check the district court clerk's weekly. Unfortunately, you have no idea which court. It'll go by county, so whichever county you were stopped in, call that district court clerk's to see if there's a case under your name.

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Answered on 6/04/09, 12:08 pm


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