What would I do if I get into an accident here in Washington and the auto insurance company of the at-fault driver refuses to pay the bills for the repairs and medical expenses?

Adonis

Spokane, WA

If you get into an auto accident in Washington wherein the other driver is at-fault, his/her auto insurance company might refuse to pay for the repairs of your car and medical expenses of anyone injured. They would probably just say that they did not authorize it so they will not pay it. One good technique that you can use if the auto insurance company of the other driver who was at-fault during the accident refuses to pay for repairs and treatments is to tell them that asking for their consent for the repairs of your car and treatment would delay the process. You can also explain that other charges such as vehicle-storage would increase the amount of your claim and it would mean more legwork for the adjuster.

Additionally, the auto insurance provider of the at-fault driver could not push you to bring your car to a particular repair shop they want to use. Majority of the states let car insurance companies to suggest a vehicle body shop, however, car insurance companies are not permitted to require you to use a particular repair shop. Remember that that would be totally your choice especially that it is your car and you were the victim.

My sister was accused of DUI here in Washington and her DUI lawyer is in the process of reviewing her case. I heard that she was not read his Miranda rights during the arrest or something. What will happen to her DUI case now, will it be dismissed?

Elias

Spokane, WA

Unfortunately, your sister’s DUI case in Spokane, Washington would not be dismissed if she was not read her Miranda rights. The Miranda warnings should be given if the person accused for DUI is already under “custodial interrogation.” If the person is under custody, he/she will not be free to leave or terminate the investigation. Interrogation would be the direct questions or their functional equivalent designed to elicit incriminating information.

While there is no debate that the questions that are asked by the police officer are an ‘interrogation,’ it has been decided by the courts that most of the questions directed to the DUI suspects are asked before the person is in custody for the purposes of Miranda. In other words, in most DUI cases, there is no legal obligation for the officer to advise the DUI suspect of his/her rights. If there is a Miranda violation, it would merely result in the suppression of statements that are obtained as the result of the violation.

I was arrested for DUI in Washington and I am just waiting for my first court date. I wanna be prepared and all and I have already talked to my lawyer regarding the defenses that we will use. What I need to know now is where will my court hearings take place?

Trevor

Spokane, WA

When you are arrested for DUI in Spokane, Washington, your case will be heard in a particular court. The specific court your case is docketed in depends on some factors including which police agency arrested you and how many DUI convictions you have. If this is your first or second DUI charge, the case is still a misdemeanor and your case will be in either a municipal or district court of the county where you were arrested. Your case is a felony if you have three DUI convictions and you will be scheduled for a preliminary hearing in the District Court of the county where you were arrested. Depending on how you were charged, a DUI felony conviction may also be heard originally in the Circuit Court of the county you were arrested.

Your case will be heard in the municipal court of Spokane if you are arrested for a DUI in a municipality by a municipal police officer if Spokane has a municipal court. Municipal courts and district courts have no power to hear DUI felony cases. However, a district court can have preliminary hearings in DUI felony cases.

Hi. A friend of mine was recently charged with DUI here in Washington. He said that his blood alcohol concentration level was .18 percent which I believe is quite high. Would you know the record for highest blood alcohol concentration?

Kyla

Spokane, WA

A woman who was arrested in Tacoma, Washington on suspicion of DUI reportedly set a record of blood-alcohol concentration (BAC) reading of .50 on a breath test that was taken more than 2 hours after she was taken into custody. This is actually 6 times more than the legal limit and it was surprising that she was able to remain conscious during the said test.

The Washington State Patrol toxicology lab says that a BAC reading of .50 is the highest they have ever seen-definitely a record no one can be proud of. Authorities said that they have only seen a BAC reading that high once before, when a King County motorist was arrested for DUI in 2000.