If you receive a traffic ticket, you risk losing your drivers license, paying high fines, and steep increases in your insurance premiums. In some extreme cases, you even run the risk of jail time.

    Traffic Infractions: James Oliver works hard to beat the charges against his clients. For the most part, Jim helps people facing major traffic violations that could result in a loss of freedom or a loss of a drivers license. Such charges include:

• Unsafe Lane Changes
• Causing an Accident
• Running red lights
• Other traffic infractions

    Traffic Defense is a unique area of the law require unique skills and experience. State laws and court rules tell law enforcement officers exactly how to sign tickets, how and when to test radar and laser devices, who can test radar and laser devices, and what tools they can use. Did you know that Radar guns are tested with tuning forks that have to be calibrated? There are a lot of rules for the steps police have to go through to prove a ticket.

    Officers and troopers often violate these rules. These violations create loopholes which can be attacked to get your ticket kicked out. But you have to have an attorney experienced in Traffic Law to find these loopholes. James Oliver is that attorney.

    Don't risk increased insurance, license restrictions, or even loss of your license. Let James Oliver fight for you.

    DUI: This is one of the most complex of all criminal charges, and requires extensive knowledge, experience and preparation in order to effectively defend against it.

Any lawyer representing a client charged with DUI should be aware of certain preliminary facts:

1. The stakes in a DUI case are high - higher in the long run than for most other crimes.

2. A unique system of legal standards and procedures exists in DUI cases, a system geared to facilitate a conviction.

3. Successfully fighting a DUI requires an experienced trial attorney.

James Oliver is an Experienced DUI attorney who will fight to find every possible defense for you.

Here are some of the things James Oliver can help you with in your DUI:

• DOL Hearing: Do not take a chance on losing your license because of your DUI arrest. Learn why YOU MUST CONTACT US IMMEDIATELY to request a DOL hearing within thirty days TO SAVE YOUR DRIVER LICENSE. 

 

• BAC: How will your blood alcohol concentration affect your case? Blood alcohol level readings can vary widely over short periods of time.

 

• Field Sobriety Tests: Were you given an FST at the time of your DUI arrest? How will the FST results affect your case? Do you have an injury, a disability, or were you sick at the time of the FST's? These could have affected your performance on the field sobriety tests!

 

• DUI Penalties: James Oliver can explain the penalties and how they apply to your DUI case in King County, Pierce County, or Thurston County.

 

• Felony DUI: If you have been charged with felony DUI, you need an experienced drunk driving defense attorney who knows the Western Washington courts and can aggressively defend your case.

 

• BUI: A boating under the influence or BUI charge can have the same penalties as a DUI.

 

• Not Guilty?: Just because you were arrested for DUI does not mean you are guilty. Or that the prosecutor will be able to prove a case against you. There are many technicalities and hurdles for the prosecution in a driving under the influence case. James Oliver can examine every aspect of the case and protect your rights. 

 

• Drug and Alcohol Treatment: If you could benefit from a drug or alcohol assessment or treatment program, we can help you locate drug or alcohol resources or substance abuse program referrals.

 

• Why You Need a Lawyer: A DUI charge can affect your lifestyle, your career, your family, and your freedom. Give this problem the attention it deserves by talking to the James Oliver. 

                                                        DUI Penalties

    A DUI charge will expose you to two types of penalties: Administrative and Criminal. The Washington Department of Licensing administers the Administrative penalty of suspending your driver’s license. Criminal penalties issue at time of conviction of the crime (either by pleading guilty, going to trial and loosing or by going through a deferred prosecution and breaching one of the five requirements).

* If suspension or revocation is the result of a criminal conviction, the driver must also show proof of either (1) enrollment and satisfactory participation in an approved alcohol treatment program or (2) completion of an alcohol information school, as determined by the court and/or treatment agency.

“Prior Offense” includes the following: (as defined in RCW 46.61.5055)

Original Convictions for the following: (1) DUI (RCW 46.61.502) (or an equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance); (3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence; (4) Equiv. out-of-state statute for any of the above offenses.

Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522). (1) Neg. Driving 1st (RCW 46.61.5249); (2) Reckless Driving (RCW 46.61.500); (3) Reckless Endangerment (RCW 9A.36.050); (4) Equiv. out-of-state or local ordinance for the above offenses.

Deferred Prosecution Granted for the following: (1) DUI (RCW 46.61.502) (or equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or equivalent local ordinance); (3) Neg. Driving 1st (RCW 46.61.5249), (or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522).

? Amended Convictions: See City of Walla Walla v. Greene, 154 Wn. 2d 722, 116 P. 3d 1008 (2005).

* Electronic Home Monitoring (EHM): For first time offenders, the court may impose electronic home monitoring in lieu of the mandatory minimum jail time. Courts may waive electronic home monitoring in writing stating the reasons therefore and facts relied upon. If EHM is waived, the court is required to impose an alternative sentence with similar punitive consequences. (RCW 46.61.5055.)

** Ignition Interlock (IID): Effective 6/10/04 , DOL shall require after any alcohol related violation of RCW 46.61.502, 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended by Laws of 2004, ch. 95). For application in DUI Deferred Prosecution, see: RCW 10.05.140, which requires IID in a deferred prosecution of any alcohol-dependency based case. If t he violation was committed while a passenger under 16 was in t he vehicle, t he court must order installation and use of IID for a t leas t 60 days or ex t end a previously imposed IID requirement by a t leas t 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055. (As amended by Laws of Chapter 103 2003).

*** Mandatory conditions of probation if any jail time is suspended: (Court 's jurisdiction extended to five years if it imposes less than one year in jail - RCW 46.61.5055) The individual: (i) is not to drive a motor vehicle without a valid license t o drive and proof of financial responsibility, (ii) is not to drive a motor vehicle while having an alcohol concentration of .08 or more within two hours after driving, (iii) is not to refuse to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under t he influence of intoxicating liquor. Violation of any mandatory condition requires a minimum penalty of 30 days confinement, which may not be suspended or deferred, and an additional 30 day license suspension. RCW 46.61.5055(9). Courts are required t o report violations of mandatory conditions t o DOL. RCW 46.61.5055.

**** Statutory Assessments: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055 (Note RCW 3.62.090(1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085. (Similarly to forfeitable offenses listed in CrRLJ 3.2(r) - (u), statutory assessments are rounded up to the next even dollar amount.)

 

 

 

 

 

 

 

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