How to find out if there's a warrant out

[Gioberti]

What is the name of your state? WA

How can one find out if they have a warrant out for their arrest? Is a first time DUI with a clean record always a misdemeanor or is it sometimes a felony? If someone is in deferred prosecution is their license suspended until they finish it?

 

[racer72]

How can one find out if they have a warrant out for their arrest?

Go to a police department and ask. Some departments may tell you over the phone.

Is a first time DUI with a clean record always a misdemeanor or is it sometimes a felony?

It depends.

If someone is in deferred prosecution is their license suspended until they finish it?

Only if the judge suspended the license. Administrative suspensions are no longer legal in Washington.

 

[CdwJava]

Only if the judge suspended the license. Administrative suspensions are no longer legal in Washington.

The DMV in WA can no longer suspend licenses? Is that only for DUI cases? Or for EVERY situation?

I can't imagine they would have to go to a judge to get a suspension on violation points ... but I suppose stranger things are possible.

- Carl

 

[racer72]

The DMV in WA can no longer suspend licenses? Is that only for DUI cases? Or for EVERY situation?

I can't imagine they would have to go to a judge to get a suspension on violation points ... but I suppose stranger things are possible.

- Carl

It was a DUI case that initially resulted in a judge claiming that administrative suspensions were illegal for DUI cases, the law in Washington was very vague. Basically some folks would have their licenses suspended, some wouldn't. Later another judge expanded the ruling to include all admistrative suspensions. In that case someone was pulled over for nothing more than a license plate check came back as the registered owner had a suspended license. The owner's license had been suspended by the state because the driver was contesting a ticket but DMV records showed that the fine for the ticket had not been paid, there is no requirement to pay the ticket before one has a hearing. The judge banned the DMV from suspending any licenses, stating that only judges have the authority. The state legislature still hasn't addressed the issue, it has turned into a hot potato no one wants to touch. Washington does not have a point system for licenses, it is left up to the judge when someone has multiple violations.

 

[CdwJava]

Interesting.

I saw on the DOL website regarding 2006 legiislation that the DOL would have to put off an admin. suspension pending the result of a DEJ on a DUI but nothing more on the issue. (Admittedly I did not look too deep onto the site ...)

Thank goodness our DMV still has this power here. But I can see how not having a point system could lead to arbitrary suspensions. Although, it will be the same with judges - without any set guidelines for the courts (as there are here) you will likely find some judges suspending all the time and others almost never doing so. In that situation, unless the legislature moves to fix the problem I can only see things getting worse with multiple case law decisions attempting to define when and under what circumstances a license could be suspended.

- Carl

 

[Gioberti]

A first time DUI being a misdemeanor or felony depends on what?

 

[rlrl]

In NY...

a first time DWI is a misdemeanor, a second time DWI within 10 years is a felony