Legal Question in DUI Law in Washington

Son arrested for MIP - Kitsap County, WA

Bainbridge Is, Kitsap, WA 23?Aug 2006

17 yo as passenger parked, minor friend/driver was inside store.

Cops come disburse abt 20 kids.

Son attracts cop bending to drop sweatshirt over unopened beer under the seat.

Driver/friend lied and said the beer was not his.

Son admitted to the cop who �could smell it� that he'd been drinking eartlier.

No breath/blood test, no citation, no paperwork were issued.

Son�s smokes released to me.

Friend�s over 18 ID and beer held as evidence.

Son arrested for MIP, cuffed, held in police car until release to me.

Cop: �if no letter from prosecutor arrives within 4 weeks, contact the prosecutor� to expedite. (Son�s friend similarly charged never received any letters.)

Cop: �usually community service and no other charges will clear record; meanwhile, no driver�s license.�

Should I contact prosecutor or hope that the incident falls through the cracks longer than the statute of limitations (SoL)?

What is the SoL for a MIP charge?

How can I find the related RCW�s? (MIP & SoL) (all I can find are driving-related regs, not MIP)

Can I request copies of the Bainbridge cop�s reports without awakening the hopefully sleeping giant [prosecutor]?

What else should I ask?

TIA, ''Lucky


Asked on 9/12/06, 4:19 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Son arrested for MIP - Kitsap County, WA

I'm sorry your son is in trouble. Thanks for the excellent summary of facts. The SOL on MIP is 3 years. Is there a reason you wish to expedite the case? It can be a tough judgment of whether you wish to push things or hope they miss. I would not hope the SOL will save you. The officer may just decide not to file the charge with the prosecutor. Call the precinct and speak with the sgt. in charge. He can also likely provide you a copy of the police report. If there is no report that's a good thing! Anyway, in some cases they'll take the discretion not to file. Especially if they feel there is an involved parent who is otherwise addressing the situation short of court involvement. Let sgt. know what you are doing as a mother, and ask sgt. for some suggestions on discipline. Sgt. can probably make the whole thing go away. If not, contact me directly. Or I can make the call for you if you want to pay for a lawyer to do it.

At your service,

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Answered on 9/12/06, 5:06 pm


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