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Scott Moriarity’s Legal Blog

Top 5 Myths of DUI

Posted by on May 5, 2015 in DUI Law | Comments Off on Top 5 Myths of DUI

With so much bad information out there about DUIs and how to deal with them, I thought this quick top 5 list would come in handy. These are the top 5 myths my clients tell me that they hear from friends or relatives on how to handle DUIs here in Tacoma and Pierce County. Top 5 DUI Myths: 1) I blew in the field so I don’t have to blow at the station. People get this one wrong all the time. The breath test on the side of the road is a Portable Breath Test (PBT). Its only purpose is to help the officer establish enough facts to arrest you...

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Bill may affect DUI cases.

Posted by on May 4, 2015 in DUI Law | Comments Off on Bill may affect DUI cases.

A bill being proposed in the Washington State Legislature may affect the conditions place on those who are charged with DUIs in Washington State. Currently, courts can order Defendant’s to only drive a vehicle with an ignition interlock devise while their case is pending. The proposed bill would allow those who can’t afford an interlock or who don’t have a vehicle to comply with the court’s order without installing an ignition...

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DUI reduced to Negligent Driving 1st Degree

Posted by on Apr 17, 2015 in DUI Law | Comments Off on DUI reduced to Negligent Driving 1st Degree

What’s a Negligent Driving 1st Degree? As a DUI attorney, I get this question all the time. In Tacoma, its quite often that a good DUI attorney can get a DUI reduced to down to a Negligent Driving 1st Degree. However, clients aren’t always sure what it is. Here are the basics of a Negligent Driving 1st Degree. A Negligent Driving 1st Degree is a simple misdemeanor, which is punishable up to 90 days of jail and $1000 fine. DUIs are gross misdemeanors punishable by up to 364 days of jail and $5000 fine. Unlike DUIs, Negligent...

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Top 10 Myths of Gun Restoration

Posted by on Oct 20, 2014 in Uncategorized | Comments Off on Top 10 Myths of Gun Restoration

Nothing causes more confusion or has more myths connected with it than Restoring Gun Rights. There are two primary reasons for this. First, the law regarding gun possession is always changing. Second, the statute that deals with gun restoration is extremely poorly written. It is so confusing that most attorneys and judges don’t understand it. Below are the top 10 myths about gun restoration. Myth 1: My case was dismissed, so I don’t need my gun rights restored. If your charge was dismissed following a term of probation or...

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Top 5 Myths of Record Clearing

Posted by on Aug 12, 2014 in Record Clearing | Comments Off on Top 5 Myths of Record Clearing

There are many myths about getting a criminal conviction taken off your record. Today we will deal with the top 5 myths I’ve come across when dealing with clients. Remember each person’s case is unique and this list provides just a general outline about record clearing. If you want your criminal case taken off your record, give me a call and I’ll screen your case for free. Myth 1: You cannot get a domestic violence (DV) conviction off your record. This myth is absolutely wrong. There is nothing about a DV charge that prevents you...

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Vacate and Dismiss 101: Can I get this conviction off my record?

Posted by on Jul 31, 2014 in Record Clearing | Comments Off on Vacate and Dismiss 101: Can I get this conviction off my record?

If you want a criminal conviction off your record, then what you need is an attorney to get the charge vacated and dismissed. (The process for getting juvenile convictions off your record is different and will be dealt with in a future post.) What this does is vacated the conviction and dismiss the charge. Your conviction will be changed into a dismissal and you will legally be allowed to say that you were never convicted of the crime. Sounds great doesn’t it? It is great, but the devil is in the details. First, not all crimes can be...

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Expungement-What is it and what does it do?

Posted by on Jul 30, 2014 in Uncategorized | Comments Off on Expungement-What is it and what does it do?

“I want an expungement.” I can’t tell you how many times a phone call starts with that statement. More and more people are calling each day looking for an expungement attorney. This post will briefly explain what an expungement is and isn’t. Most people use the term expungement to mean that they want a criminal conviction off their record. While this can be done in Washington, the courts don’t use the term expungement. The court has termed this process a vacate and dismiss. I’ll soon be writing a post explaining the process...

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Clear Criminal Record

Posted by on Jul 29, 2014 in Firearms Rights, Record Clearing | Comments Off on Clear Criminal Record

People call me all the time wanting to get a criminal case off their record.  Since I get so many questions about this, I thought I would go through the basics. The first step is trying to figure out what the person needs an attorney for.  Do they want to get their gun rights restored?  If so, there is a different process for that which I’ve written about before. Does the person have a criminal record and wants to get the record cleared?  If that’s the case, Washington State allows us to get the conviction vacated and...

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Speeding Ticket-Do I need an Attorney?

Posted by on Sep 20, 2013 in Traffic Infractions | Comments Off on Speeding Ticket-Do I need an Attorney?

People ask me this question all the time and there is only one answer.  “Yes!” If you want to keep a speeding ticket off your driving record, yes you should hire a speeding ticket attorney.  When you are given a speeding ticket you are given three choices by the court.  The first is to pay the ticket and the ticket goes on your record.  The second is to ask for a mitigation hearing where you admit you did it and ask to lower the financial penalty.  Again, the speeding ticket will go on your record.  The third and only choice...

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Gun Restoration in Washington State.

Posted by on Sep 9, 2013 in Firearms Rights, Uncategorized | Comments Off on Gun Restoration in Washington State.

Not a day goes by where I don’t get a call from somebody who wants to have his or her gun rights restored.  So I thought I would address some of the basics. Getting your gun rights restored in Washington State can be frustrating and complicated.  Once your gun rights are taken away from you, they are not restored until you receive a Superior Court court order restoring your rights.  It doesn’t matter if your conviction was as an adult or a juvenile.  If you have a conviction vacated or taken off your record, that’s great,...

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