I. Time of Stop and Arrest Questions ^back to top

A. Stop and Initial Contact

• What is the standard for stopping someone?  A police officer must have probable cause that a traffic violation has occurred before that officer can lawfully stop a vehicle.

• What is the standard for detaining someone?  A police officer may detain someone if they can point to specific and articulable facts giving rise to a reasonable suspicion that the person stopped is, or is about to be, engaged in criminal conduct. This temporary seizure must be reasonably related in scope to the justification for its initiation.

• What is the standard for arresting someone?  A police officer must have probable cause to arrest an individual.  Probable cause to arrest exists where the totality of the facts and circumstances known to the officers at the time of arrest would warrant a reasonably cautious person to believe an offense is being committed.

• Was I arrested? You are under arrest if a police officer takes you into "custody." This means that you believe you are not free to walk away from the scene of the contact with the officer.  Not every stop by a police officer means you are under arrest. If stopped only for a short time, then you may have been "detained," rather than legally arrested.

• Why did they tow or not tow my car? The decision to tow or park your vehicle is at the discretion of the arresting officer.  If it is possible to leave your vehicle in a safe and legal location, the officer may agree park your vehicle so you can avoid the expense of a tow.  You would be required to sign a liability release.

• The officer searched my car, can he/she do that?  Yes. This is called a search incident to arrest.  If you are driving a vehicle, as in a Washington reckless driving or racing case, and are subsequently arrested, the officer has authority to search your vehicle.

• Will there be a videotape of my stop and arrest?  Possibly, it depends on the agency and the equipment installed in the police car.   Some local law enforcement agencies have installed video equipment in many of their police cars.   If there is a video of your stop and arrest, you have a right to view this and your attorney can obtain a copy.^back to top

B. At the Police Station

• The officer had me sign some documents, can I get copies of these?  Yes. These documents, and the other police reports created at the time of your arrest, will be provided to your attorney as part of "discovery."

• The officer never "read me my rights", does this help my case?  Possibly. This may lead to the suppression of any statements you may have made to the officer.

• I refused to answer the officer’s questions, will this hurt me?  No. You have an absolute right to refuse to incriminate yourself by making statements.  If your case went to trial the prosecutor and officer would not be allowed to even mention the fact that you were asked questions and did not answer.

• Could I have talked to an attorney at the police station?  Yes. The police are required by law to give you a reasonable opportunity to contact an attorney by phone.  In many areas there is an on-call attorney assigned to take these phone calls at all hours of the day and night.

• How would I have contacted a lawyer the night of my arrest?  If you request to speak with an attorney, the police are required to give you access to a phone and provide you a chance to call an attorney.  You may choose to attempt to contact an attorney you already know or find one in a phone book.  However, the best option is to ask to speak with the on-call attorney who will be available to consult with you about your options.

• I spoke to a public defender the night I was arrested; will I be able to find out who that was? Yes. The name and contact information for that attorney should be listed in the police officers report.^back to top 

C. Release

• I was very polite and cooperative with the officer, will this help my case?  While it is certainly easier for your attorney to negotiate for a good deal when you treated the arresting officer with respect – often people waive important rights and provide incriminating evidence in the context of "being cooperative".  You can, and should, very politely tell the officer that you wish to speak with an attorney and do not waive any rights.

• I have no criminal history, will this help my case?  Having a clean criminal history and a clean (or relatively clean) driving record can help in negotiating your case.  Your criminal history, or lack of history would generally not be relevant if your case went to trial.

• The officer did not take me to jail and even gave me a ride home, does this mean I won’t be charged? Absolutely not.  This is common practice with some law enforcement agencies and it has no bearing on the filing of charges.

• Will the officer write a police report and can I get a copy?  Yes, the officer will write a police report and you may review a copy.  The easiest way to view this report is for your attorney to make a discovery request.  The prosecutor must provide this report to your attorney.

• The officer did not give me a ticket for reckless driving or racing, what does this mean?  It means that you will receive a notice in the mail of when and where your first court date is scheduled.

II. Driver's License Questions ^back to top

A. License Suspensions

• Will I lose my license and can I try to prevent this?  You will lose your license if you are convicted of reckless driving or racing for 30 days.

• If I lose my license, when will that be?  If you lose your license, the department of licensing must give you at least 45 days notice.  This means that if you are found guilty of reckless driving, it will be at least 45 days after that date that you will lose your license.^back to top

B. Occupational/Temporary Restricted Licenses

• I really need a license for my job. Can I get an occupational license?  Yes, you will be eligible for an occupational restricted license.

• If I apply for an occupational license, do I have to tell my boss about the reckless driving or racing charges?  Yes. Your boss will need to sign off on a form stating that you need to drive for work.

• I am a single parent and need to drive my children, is there any way to allow for this?  Yes. You will be eligible for an occupational license.

• I have medical problems and need to be able drive to doctor appointments, can I do this?  Yes. You will be eligible for an occupational license.

• Do I have to tell my insurance company that I might lose my license?  No, there is no legal requirement for you to do this.

• Will this affect my insurance?  Yes. If you lose your license, you will need to get special, SR22 insurance.  This is often more expensive.  You will need to consult an insurance company to find out the cost.

• My license was issued by another state. How does this affect my case?  This does not affect your case.  If your license is suspended in Washington State, it most likely will be suspended in the state you are from.  This may make it more difficult to get an occupational license.^back to top

A. General

• Will I need to go to court if I hire a lawyer? Yes. You will need to attend all court appearances unless your lawyer has advised you not to.

• What should I wear to court? You should dress professionally – either in a suit or "business casual."

• When should I arrive for my court appearance?  Try to be there approximately 15 minutes early.  Never appear late.

• What should I bring to court?  All of your papers that you have obtained in this case.

• What if I live in another state, will I need to come to Washington for court?  Yes, unless the court "waives" your presence.  Ask your attorney how this can be done.

• I missed a court date, what should I do now?   You most likely have a warrant out for your arrest with a bail amount.  There are three ways to take care of this:

1. Post the bond with the court or through a bonding bail bonds company; or

2. Call the court to see how the warrant can be "quashed;" or

3. Turn yourself into the jail.  Obviously, methods one and two are much preferable.

Will the police officer be in court?  Police officers are not required to show up at most hearings, and usually don’t.  Most often they are only there for factual motions and trial.^back to top

B. Arraignment

• What happens at the arraignment? At this time you are informed of the charges against you and enter a plea of guilty or not guilty.  Conditions of release can also be set – things such as bail.  Remember, if you hire a  private attorney, you may be able to  "waive" or cancel your arraignment.

• What should I plead at the arraignment? Not guilty!  This is what almost all people do.  It will not be held against you. This is what the judge expects.

• Will the court hold it against me for pleading not guilty?  No, that is what they expect.

• Can I go to jail at the arraignment?  Yes, but this usually does not happen.  Most often you are just released on your promise to appear at the next court date.  Judges will only order you to jail in extreme circumstances, such as multiple prior convictions for the same or similar charges.

• What is bail or bond?  If the court wants to put you in jail, then they must allow for bail or bond to be posted.  This is money that gets posted by you, your friends or family, or a bail bond company to help make sure that you will return to court.^back to top

C. Pre-Trial Hearing

• What happens at a Pre-Trial Hearing?  This is an opportunity for your attorney to negotiate with the prosecutor.  If an agreement is reached, then it can be entered at the pre-trial hearing.  If an agreement is not met, then the case is set for trial.  You should be aware that many cases are set for trial that never go to trial, they are often negotiated prior to trial.

• Can we get more time to work on my case?  Yes. It is very common for a these pre-trial hearings to be continued so that the attorney can have more time to negotiate.

• I signed a speedy trial waiver, what is this?  If you are not in custody, you have the right to a trial within 90 days of your court appearance.  A speedy trial waiver extends this time period.  It is very common for these to be signed.  None of your substantive rights are waived, it just gives everyone a little more time to help get the case resolved.^back to top

D. Motion Hearing

• What happens at a motion hearing?  This is a hearing where the defense brings legal motions – such as whether there was probable cause to stop, detain, or arrest you.  The prosecutor must show that all of the laws were obeyed and none of your rights were violated.

• Will the officer be at this hearing?  Yes, most often the police officer will be there.

• Will I need to testify at this hearing?  You and your attorney will talk about whether or not you will testify at this hearing.  No one can force you to testify, that is a decision you alone (with the help of your lawyer) must make.^back to top

E. Readiness Hearing

• What happens at a readiness hearing?  At this hearing both the prosecution and defense must announce whether they are ready for trial.^back to top

F. Trial

• What is a bench trial?  This is a trial where the judge decides if you are guilty or not guilty.

• What is a jury trial?  This is a trial where the jury (6 members of the community) decide whether you are guilty or not guilty.

• Does my case have to go to trial?  No, it is up to you to decide whether or not your case will go to trial.

• Will I have to testify at trial?  You can never be forced to testify.  You have the absolute right not to testify.  Whether or not you testify is a decision best made between you and your lawyer.

• Can I have witnesses testify for me at trial?  Yes, you can have any witness you want testify.  They can subpoenaed to appear at no cost to you.

• If I am convicted after a trial, will the judge punish me for going to trial?  Judges are not supposed to punish you any harsher for going to trial, and in our experience they do not punish you for exercising this right.  However, if some particularly bad facts come out at trial that were not otherwise known, or if the judge thinks you have not told the truth, then the judge may increase your punishment.^back to top

G. Sentencing

• What happens at a sentencing hearing?  At a sentencing hearing the judge sentences you to the crime that you have entered a plea of guilty to or have been found guilty of.

• What information can I give the judge that might help at sentencing?  You can tell the judge a little bit about yourself – such as who you are, what you do for a living, what your family life is like, etc.

• The Judge ordered me to get a pre-sentence investigation done, what does this mean? This means that you will be interviewed by a probation officer and the probation officer will then give a report to the judge about what they think the sentence should be.

• Will I be taken to jail from the courtroom at my sentencing?   It is very uncommon for this to happen in any misdemeanor case.^back to top

A. General

• Do I have to tell my employer? There is no legal requirement for you to tell your employer.  However, some company contracts may require notifications.  For instance, if you are a van driver, you may have a company contract requiring you to give notification of a reckless driving conviction.

• Will I lose my job?  That depends upon your employer.  It should be noted that many prominent people, such as George W. Bush and Dick Cheney have not been held back by criminal charges.

• Do I have to tell my parents/ spouse/ partner/ friends? There is no legal reason for you to tell them about this.  However, we do recommend that you find someone to talk to these charges about.  This can be a very stressful time and it is good to have support.

• If I don’t tell them, will they find out?  There is no reason for them to find out.  However, the records are public and if they are into snooping and because of computers, it is not too difficult for them to find that you have been charged with a criminal offense.

• Would getting letters from my friends or family saying I am a good person help my case? Generally not.  The only time that these letters of support are useful is at sentencing.

• I got into an accident, what should I tell my insurance company? You should tell your insurance company that your car was in an accident and that you are under investigation for reckless driving.  You should not talk about the specifics of the case or what happened – it can later be used against you.  Note, just because you are accused of reckless driving does not mean that they will not insure the accident, they will.

• Will I have to put the ignition interlock devise on my car?  No, there is no requirement for this. ^back to top

B. Penalties

• What penalties am I facing? Up to a year in jail and up to a $5000 fine.  There are no mandatory minimum penalties.

• Will I have to go to jail? If you are convicted of reckless driving, and have no criminal history, it would be unusual, but not unheard of for you to go to jail. ^back to top

C. Record

• Will it stay on my permanent record? Yes, a reckless driving stays on your permanent record.

• Can I have this removed from my record? Yes, 3 years after probation ends. ^back to top

D. Immigration/Travel

• Can I go to Canada?  Canada has the ability to turn you away.  However, you may be able to get a visa for a temporary stay in Canada.  This can get complicated and you should consult your attorney.

• Can I travel outside of Washington State?  Yes, you can travel outside of Washington State.

• I am not a U.S. citizen. How will this affect my immigration status?  Immigration issues are very complicated.  You should consult an attorney who deals primarily with immigration issues. You should know that reckless driving charges are a deportable offense. ^back to top

V. Hiring a Lawyer Questions ^back to top

• I have never met with a lawyer before, what happens during the initial consultation?  During the initial consultation we get a chance to meet and see if we would be a good fit to work together.  You get to ask questions about your case.  Typically we like to go over the law of the case, the penalties and things you can do to help your case.

• What information should I bring to a meeting with a lawyer? You should bring any paperwork that you were provided by the police.  Most often this is very little – most people do not have the police report when they meet with us. That is ok, we are used to it.

• How much will it cost to meet with a lawyer?  With us, the initial consultation is free.  We will meet with you for as much time as it takes to fully understand your case.

• Will the lawyer tell anyone what we talk about?  No, we are not allowed to.  The meeting is governed by the "attorney-client" privilege.  We do not even tell anyone that we met.

• What questions should I ask a lawyer?  You should ask a lawyer questions about anything that you are curious about – his/her background; how many cases has he or she handled that are similar; bar complaints.  We find that a lot of people do not even know where to start asking questions, so we try and just provide all the information that we think you need to know about our background and your case.

• Can I bring my spouse/partner/parent/friend to the meeting with a lawyer?  Sure, we would be happy to meet with anyone that you want to bring.  There may be parts of the meeting where that person needs to step out (unless you want to waive the attorney-client privilege for the meeting).  We understand that this is a difficult time and why it may be important to have support with you at the initial meeting. ^back to top