Support “Citizens for Judicial Excellence”
Because even if you face a DUI, or other criminal matter, you still deserve respect and fair, thoughtful consideration of your case.
The 2010 Washington State Legislative session has brought several law changes related to DUI cases. The biggest changes are not to the DUI laws themselves, but collateral laws such as the Interlock Ignition License statute, child dependency and traffic laws. Unless otherwise noted the updates below do not take effect until January 1, 2011. Mandatory [...]
On September 29, 2006, Stafford County, Virginia Sherrif Deputy Peter Nelson and a number of other officers were investigating a burglary. The officers believed that the perpetrator had fled the scene. In order to contain and capture the suspect the officers set up a perimeter around the area using police vehicles with their overhead lights [...]
From the Georgia Court of Appeals comes a helpful case for Washington DUI attroneys on what amounts to probable cause to arrest for DUI. In State v. Encinas, 2010 WL 481357, the officer stopped Mr. Encinas for going 70 M.P.H. in a 55 M.P.H. zone and “riding against the fog line.” Upon approaching the vehicle [...]
The Defendant was convicted of DUI under Oregon law. Defendant attempted to call his family attorney ffrom his cell phone in the back of the police vehicle before his phone was taken away by officers. Upon arriving at the police station the Defendant made several attempts to talk to his family attorney. Defendant also called [...]
The recent United States Supreme Court ruling in Padilla v. Kentucky, 599 U.S. ____ (2010) held that the Sixth Amendment requires defense counsel to provide affirmatve competent advice to a noncitizen defendnat regarding the immigration consequences of a guilty plea. Absent such adivce a noncitizen may raise a claim of ineffective assitance of counsel. Deportation [...]
A recent Minnesota Appellate case, State v. Beattie, 2009 WL 1751131, address this issue. In this case, the Defendant arrested for DUI and taken to the Crow Wing County jail. The Defendant was read his implied consent warnings and given a phone book to locate a DUI attorney. Several phone calls were made and when [...]
A recent Texas case addressed the reasoanbleness of the methods used to forcefully obtain a blood draw. In State v. Johnston, 2009 WL 3720156, the Defendant refused to submit to a blood draw. A warrant was obtained and a sample of her blood was obtained against her will. The sample was taken the police station [...]
Some imporant DUI-related rulings were handed down in Washington in October. State v. Stalker, decided October 19, 2009 by Division I involves a DUI and Hit and Run. This case is relevant to DUI Defense because of the significant number of Hit and Run charges that accompany DUIs. The trial court dismissed the Hit and [...]
Changes in the Washington State time for trial rules in 2003 have caused many criminal defense attorneys to comment “there is no such thing as ‘speedy trial’ anymore.” Fortunately, that is not entirely true. The Washington State Supreme Court, in State v. Kenyon, recently addressed the question of whether the lack of an available judge [...]
If you have been arrested and/or cited in the City of Lynnwood you may have received a yellow slip of paper directing you to report to jail for formal booking. The notice states: “Prior to your scheduled arraignment you must report to the Lynnwood Police Department jail to be fingerprinted and photographed. You must report [...]
