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Physical Control of a Vehicle & DUI Defense in Spokane, Washington

Physical Control and DUI in Washington State. What is the difference between a charge of Physical Control of Vehicle and DUI in Washington state? The State needs to prove that you were driving while impaired in a DUI case. However, the Prosecutor does not need to prove you were driving or even behind the wheel in a Physical Control case. Although in either case the Prosecutor has to prove you are impaired by alcohol and/or drugs, he only has to show that you were in control of the vehicle. Depending on the circumstances, that can mean being outside the vehicle with the keys in your hand while you are impaired. Additionally, a criminal defense attorney will explain that even if you have not reached the statutory ,08 BAC level, you can still be convicted of DUI- provided that the Prosecutor can convince the judge or jury that you are impaired.

 

Results of BAC Tests. Even with a low BAC or no breath test, the officer will describe your condition with details that may help to convict you. Law Enforcement Officers are trained to testify in a manner that is most likely to convince a judge or a jury that you were driving while impaired. If there is .08 BAC, the court will instruct the jury to presume you were impaired and the defense attorney now has to show that the Breathalyzer machine was not functioning properly or that the test was not administered according to proper procedures.

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Spokane Criminal Defense Lawyer

We have been representing clients in criminal defense matters across Washington state for almost 30 years. These include many domestic violence cases. I have been representing clients as a Spokane Criminal Defense lawyer for the last five years. There are many criminal defense lawyers. So why should you retain the Law Office of Mark Knapp PLLC to represent you?

Mark S. Knapp

Initial Consultation. When you make an appointment, you will pay $150.00 for the Initial Consultation. We apply the Consultation Fee as a credit toward the flat-fee retainer when you retain us. The reason we charge a consultation fee is so that we can spend the time that it takes to listen to what you need to tell us and answer all your questions. A criminal defense lawyer, Mark S. Knapp, will answer all your phone calls immediately. That means you will be talking to the attorney, not a receptionist. In most cases that are not felonies, we charge a flat-fee retainer of $1500.00-$2,000.00 to appear which includes attending the Arraignment and the Pretrial Conferences. If trial preparation becomes necessary, there will also be an additional Trial Retainer. Felonies can be more expensive.

Arraignment. If you retain a criminal defense lawyer before the Arraignment, we can often waive arraignment so that you will not need to attend. If you must go to the Arraignment without representation, you will normally plead not guilty and bail is often discussed. Even if you have already been released on personal recognizance or have already posted bail, there are situations where the judge might order a new bail bond.  This situation results from a violation of your terms of release. Examples are getting a new DUI right after you are released from jail on another DUI. Or attempting to contact a victim where there is a No Contact Order.

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