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Scott Moriarity’s Legal Blog

Top 10 Myths of Gun Restoration

Posted by on Oct 20, 2014 in Uncategorized | Comments Off

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

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

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

“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

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

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

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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Scott’s interview in The News Tribune about DUI laws.

Posted by on Jun 17, 2013 in Uncategorized | Comments Off

I just gave an interview in The News Tribune about DUI and low BACs. http://www.thenewstribune.com/2013/06/16/2641506/traffic-qa-duis-can-be-given-to.html

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DUI emphasis patrols.

Posted by on Nov 16, 2012 in Uncategorized | Comments Off

Tacoma and Pierce County DUI emphasis patrols are out for the Holiday season. A six-week emphasis patrol that will extend through the holidays kicks off Wednesday in Pierce County, and authorities are warning drivers not to drink and drive. This will be the first Driver Sober or Get Pulled Over patrol, which will put additional law enforcement officers on the road to make DUI arrests. It includes a focused patrol on Black Friday in East Pierce County. Participating agencies include Sumner, Bonney Lake, Puyallup, Tacoma, Fife, University Place,...

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False Positive DUI Breath Test

Posted by on Oct 10, 2012 in DUI Law | Comments Off

Here is an excellent summary of how a DUI Breath test can result in a false positive. An experience attorney can help find these type of legal problems in you case. Some people think that a driver who tested positive for alcohol on a roadside breathalyzer has to be drunk. Those machines never lie! Well think again, there are many variables that can influence a breathalyzer test and result in a false positive outcome. 1) The breathalyzer must be properly maintained and calibrated. An improperly maintained or calibrated breathalyzer casts doubt...

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