Legal Question in DUI Law in Washington

Implied Consent

I was arrested for DUI. at the jail I discovered I could not read the print on the forms as my reading glasses were still in my car. I called an attorney and told him, he advised me tell the officer to read every thing to me which I did.The next day I spoke with a diffrent attorney who asked if the implied consent was read, I said it had not, when the evidence came from discovery the Implied Consent form had the wrong date on it when compared to narrative and had no time on it when it was read. It did however have my signature on it. It was not read to me but I did sign several forms after the test, In the narrative going by the officers timeline where he says he read it to me there is no time for him to have read it So my question is this form going to be admissable as evidence? thank you


Asked on 9/05/05, 12:29 pm

2 Answers from Attorneys

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

Re: Implied Consent

That depends on how willing you are to fight the case. You didn't specify the jursidiction you are in. Some judges are better than others. If you are in a jurisdiction of poor judges, you will need to appeal the matter to a higher level after receiving a bad decision locally. Failure to apprise you of your implied consent is a basis for keeping out the BAC. For a consultation, contact me direclty.

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Answered on 9/05/05, 5:53 pm
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Implied Consent

That will depend upon a number of factors. Your jurisdiction (Court) where your case is pending will have a lot to do with how well or how poorly you come out of this case. Was the officer a WSP or a local sheriff or police? How bad is your eye sight? These are just a number of factors to discuss aboput your case. You can call me toll free for a no charge consultation at 1-866-700-3886. If you have a lawyer already, you need to discuss this matter with him or her. Good Luck!

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Answered on 9/08/05, 11:46 am


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