Tim Kelly, Attorney at LawPort Orchard WA Criminal Defense Attorney | Bremerton DUI Defense Lawyer2024-03-12T15:51:46Zhttps://www.timkellylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602840/2021/07/cropped-site-identity-32x32.pngOn Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488292024-03-12T15:51:46Z2024-03-12T15:51:46ZCommon effects of an arrest
The impact of an impaired driving arrest varies case-by-case. Typically, you can expect to face legal, financial, and social consequences.
Legally: If the charge goes through, your criminal record may suffer from a stain that could stick around for years to come. It’s possible that in addition to a charge, fees and fines, license revocation and jail time are all likely to kick in.
Financially: Besides the legal costs of a DUI, a couple of other financial challenges may arise as a result. Higher vehicle insurance rates are often a reality after an impaired driving charge. There is also a chance that you could face job loss or career ambitions could come to a hard stop.
Socially: Lastly, and often the most difficult to cope with, is how your daily life may change on a social level. Family or friends may struggle with trusting you around alcoholic beverages. Depending on the severity of your charge, the path to reacceptance may take time and require thoughtful amends.
This list isn’t expansive, so it’s essential to meet with a legal professional to discuss defense options sooner rather than later.
Coping with the aftermath
Accepting the aftermath of a DUI is often a lot to bear. Fortunately, reaching out for help is always an option — from trustworthy friends, Alcoholics Anonymous or a therapist — you don’t have to go through this alone.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488282024-02-06T18:32:15Z2024-02-10T17:00:52Zthere is one danger on the road that does not get much of a spotlight, even though it should.
Drowsy driving is when a person drives when they are tired and sleepy—two things that unfortunately can turn deadly in a split second.
Driving at night
Driving at night, especially for people who are not used to driving in the dark, is definitely a risk factor. Make sure you are well-rested and awake if you are not used to driving in the dark.
When you are sleepy, your brain is not as sharp, which means you cannot react as quickly, and you might miss seeing things like traffic signs or other vehicles on the road. Drowsy driving can be as dangerous as drunk driving.
Long drives
People traveling by car should stop every few hours to stretch their legs, drink a glass of water, use the restroom, freshen up and do whatever they need to stay alert for the rest of their trip.
Many people try to push through and drive straight through without stopping. That is a mistake, because driving without breaks can absolutely lead to drowsy driving. You can become tired easily and lose control of your car.
Prevention
There are steps you can take to help avoid a serious accident due to distracted driving. First, make sure you are getting enough sleep every night. Also, you should:
Plan ahead and be well-rested before trips
Take breaks to stretch your legs, eat or take a quick nap
Drive with someone and take turns driving
If you are on the road for too long and it is dark outside, you are combining two risk factors that could easily lead to a fatal accident. By thinking ahead and planning your trips carefully, you can help prevent drowsy driving, which is just as dangerous as drunk driving.
Remember that if you are tired, have been studying, working or doing anything that makes you tired, consider using another method of transportation. It is worthwhile to do everything in your power to help prevent a tragedy from happening to you or someone else on the road.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488272024-02-06T17:16:54Z2024-02-06T17:16:54Zan option that you may qualify for that does not involve going to jail but allows you to focus on getting better by addressing the root causes of your addiction.
Drug courts
The purpose of drug courts around the country is to offer certain eligible offenders, typically non-violent individuals who engage in criminal activities to acquire drugs because of addiction, an alternative to traditional punishment.
Drug court is not necessarily easier, but it is different. These programs help people by giving them support and treatment that is tailored to them and their addiction.
Purpose of drug court
The goal of these courts is to help people get and stay clean. Ideally, law enforcement never arrests them again because they never get in trouble with the law again.
In addition, these courts offer educational or vocational training so these people can become a valuable part of society again. This is encouraging, sort of like the light at the end of the tunnel.
How does it work?
Drug courts use a variety of methods aimed at helping people who suffer from addiction. For example:
Therapy
Medical treatment
Drug testing
Support groups
Regular check-ins with the judge
The idea is to give the person everything they need to overcome their addiction and break free from it, which is not an easy process. However, with support from many professionals, the court hopes they will be able to.
Is drug court for everyone?
No, there are legal requirements that govern who can and cannot participate in drug court. To enter drug court, the person must:
Be charged with a drug-related offense
Suffer from substance abuse/drug addiction
Not have a history if violent crimes
If a person qualifies and the judge agrees, they can enter drug court. Of course, the person must enter the program to break free from their addiction.
Drug courts are an alternative to traditional punishment, but they are not an easy way out. If you are not willing to give up your addiction, you will not graduate and will have wasted time because you will have to go through traditional sentencing. Ensure this program is right for you by discussing it with your attorney before deciding.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488242023-12-18T22:17:03Z2023-12-18T22:17:03ZMultiple initiatives
Since then, high-profile advertising campaigns have attempted to stem the growth of this type of dangerous driving, only to move the needle down slightly to 30 percent by the end of the 20th century.
Ten years ago, the Centers for Disease Control and Prevention and the National Transportation Safety Board released a study meant to reduce the frequency of drunk driving. The only achievement over several decades was the enactment of mandatory seatbelt laws.
A few states signed on for the individual strategies that included:
Lowering blood-alcohol content to 0.5 percent
Documenting the last bar or restaurant that served drinks
Increasing the number of sobriety checkpoints
The objective is lofty, but the ultimate goal is zero traffic crashes due to drunk driving.
Another strategy and subsequent win came in 1984, changing the minimum drinking age to 21. Statistics revealed a smaller number of motor vehicle crashes throughout the following decade.
What studies do not account for are shortcomings and outright errors committed by law enforcement that violate the rights of drivers trying to get to their respective destinations. A DUI arrest does not mean a conviction is automatic. Help from an attorney can get to the facts while protecting your rights.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488232023-11-30T21:36:35Z2023-11-30T21:36:35Zrecent trend of "snatch-and-grab" sees these groups invading stores. Featured on television and garnering banner headlines, countless collectives are overtaking stores and walking out with merchandise that these rings then resell for a premium. However, Congress's recently passed INFORM Act will force social media platforms to identify fencers of stolen merchandise.
Evening the odds?
Loss prevention departments nationwide have also reviewed their previous strategies while coming up with new ideas to counter unwanted "customers." However, the visuals aired on media platforms that see staff standing there watching the chaos without acting only encourage more of these antics.
Police departments believe stores should step up protecting inventory, precisely the "Black Friday" strategy of putting high-profile items near entrances. Additionally, store policies discourage staff to take action when these groups walk out with free merchandise. One study cites 41 percent of retail outlets nationwide enforcing that mandate.
More initiatives
Beefing up law enforcement presence is another strategy that police and proprietors believe can make a difference. Instead of running free into the streets, police can actually do their version of "snatch-and-grab."
In unmarked cars, law enforcement waits for notification of an alleged shoplifter leaving with un-paid merchandise. The coordinated effort can lead to detainment and a subsequent arrest.
Trends aside, many alleged suspects in stores to legitimately shop face wrongful accusations due to so-called associations with those who are actually committing crimes. Help from an attorney can help get to the facts.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488222023-10-11T14:30:02Z2023-10-11T14:30:02ZPending criminal charges
If you currently face charges for any crime anywhere in the country, you cannot restore your rights to own and possess a firearm.
A civil lawsuit or traffic ticket will not prevent you from restoring your rights to own and possess a firearm.
Five consecutive years without convictions
After living in the community for five years with no criminal charges or convictions, you can ask the court to regain your rights to own and possess a firearm.
You do not have a Class A felony conviction
Having a Class A felony conviction means no firearm ownership rights. Even if the court sealed your record after convicting you of a Class A felony, you still cannot restore your gun rights.
No sex offenses
If the state convicts you of a sex offense, it permanently barred you from owning and possessing a firearm.
Crime “Wash out” time
If you have prior felony convictions, you may restore your rights to own and possess a firearm after a certain period.
Under Washington law, certain felony convictions, such as Class B and Class C felonies, “wash out” after a certain period.
Class B felonies “wash out” after 10 years.
Class C felonies “wash out” after 5 years.
The process of restoring your right to own and possess a firearm is difficult, and you may or may not restore those rights in certain cases.
It is critical to have all the pertinent information about your case(s) and your convictions so that the court can make an informed decision.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488212023-08-25T21:26:03Z2023-08-25T21:24:04Zdomestic violence conviction are obvious, others may be less so. In addition to potential jail time, fees and fines, there is serious collateral damage that a domestic violence conviction can cause, including:
Limits in where you can reside
Limits in employment options
Limits on what you can do in life
For example, having a domestic violence conviction means you will have a criminal record. That conviction will show up in a background check. This will likely impact the type of job you can apply for; any job offers you receive and potentially your ability to obtain a promotion or a leadership role.
Collateral consequences
Having a criminal record and this specific kind of conviction can limit the places you can be in. For example, you may be denied the ability to work with or be around children and women, or to choose a particular profession, like a teacher, police officer or firefighter.
In addition to the legal consequences, this conviction will remain with you for a long time, if not for the rest of your life, and can also impact your personal life.
Personal relationships
Let’s say you undergo anger management treatment and have cleaned up your act in recent years. While you may feel confident in your ability to control your actions and not get in trouble with the law again, this may not necessarily be how others see it.
A domestic violence conviction could easily get in the way of creating new relationships, partnerships, and even having children. While anger management courses and treatment are often effective, they may not be sufficient for some individuals to feel comfortable establishing relationships with you.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488192023-08-11T18:42:20Z2023-08-11T18:39:44ZRestraining orders go on your public record
If the court issues a harassment or restraining order against you, it will go on your public record, where anyone who runs a background check on you can see it, including potential employers.
Restraining orders usually remain on your public record for 3 to 5 years or the date the order is set to expire. However, the court can issue an order to take it off your record, in which case it may be removed sooner.
Permanent protective orders
If the court grants a permanent protective order against you, it will stay on your record indefinitely, and you will have to request the court to have it removed, which the court may or may not do.
Can I do anything to get a restraining order off my record sooner?
Every case is different, and the court will evaluate your case in order to determine whether it is proper to remove the order from your record. However, there are things you can do to help yourself so when the time comes for you to request the court to take the order off your record, you may have a better chance of succeeding in your petition.
Violation of protective orders
You must understand the importance of following the protective order and everything on it precisely as stated. If you violate a protection order in Washington state, you could be looking at hefty fines and jail time.
If someone files a protective order against you and the court issues the order, it can result in various limitations and consequences, some of which could potentially affect you for a long time. It is important to understand the law and how restraining orders work, so you can take action if you can, especially if the order was issued a long time ago and it is still on your record.]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488182023-06-30T23:53:31Z2023-06-30T23:53:31ZReasonable suspicion in theory and practice
Did you know law enforcement officers have job-related legal requirements? For example, they must respect the Fourth Amendment, which safeguards citizens against unreasonable searches and seizures.
Probable cause is a legal standard that enables police to initiate an arrest or conduct a search when they suspect illegal activity. Rules and regulations help increase accountability by minimizing subjective biases or arbitrary judgments.
Establishing probable cause is crucial for preserving the rights of individuals presumed guilty of operating a vehicle under the influence of alcohol or drugs. Charges resulting from an unfounded traffic stop may not hold up in court.
Questions would probably arise from these three behaviors
Several common factors contribute to determining probable cause. Officers may pull a driver over for observed behaviors like:
Swerving across lane lines
Improper passing
Failure to stop at a red light
Driving significantly below the speed limit may also indicate potential intoxication.
Balancing public safety and legal protection
Public safety is of utmost importance. So too, are individuals’ rights.
The concept of probable cause should do both: play a crucial role in saving lives and base criminal implications on practical concerns. Undoubtedly, drivers who are handcuffed and escorted in the back of a squad car will want to make sure the justice system is at work as intended.
]]>On Behalf of Tim Kelly, Attorney at Lawhttps://www.timkellylaw.com/?p=488172023-06-12T19:21:09Z2023-06-12T19:21:09ZWhat does the law require?
Washington state requires that anyone who wants to buy a firearm, whether by private sale or at a gun show, undergo a background check. The National Instant Criminal Background Check System (NICS) conducts the background checks. This mandatory procedure aims to identify people who are not allowed to own firearms.
What does the background check include?
The background check reviews a person’s criminal history, mental health records and other relevant factors that predict a higher risk of violence or criminal behavior. The process is simple for the person trying to buy a firearm.
Background check process
When an individual attempts to purchase a gun, they must fill out a form with their personal information, which the licensed firearm dealer (the gun seller) submits to NICS, which conducts the background check. If the person does not pass the background check, the seller cannot sell a firearm to that person.
Washington was the first state in the nation to pass a requirement of universal background checks for firearms by voter initiative. People have long debated whether every state should have a universal background check for individuals who want to purchase a gun. Twenty states and Washington, D.C., require background checks for purchasing firearms.]]>