2010 Washington DUI Law Update

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 [...]

Speeding, riding the fog line, odor of alcohol and “DUI eyes” do not add up to probable cause.

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 [...]

Mention of defendant’s attempt to call attorney necessitates mistrial.

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 Supreme Court mandates that criminal defense attorneys advise clients of immigration consequences of a criminal conviction.

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 [...]

How much time does the officer have to give you to contact your attorney?

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 [...]

Hit & Run offenses may be dismissed by “Civil Compromise of a Misdemeanor” under Washington law.

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 [...]

Am I really required to provide my fingerprints & photographs to the Lynnwood Police Department?

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 [...]

Washington State Medical Marijuana Laws

Is it legal to possess marijuana for medical use in Washington? Washington’s medical marijuana law is codified in the Revised Code of Washington Chapter 69.51A.  Washington residents who have a qualifiying medical condition, and their designated caregivers, may recieve approval from a Physician or Osteopathy for the use medical marijuana. What kind of documentation do I need? Washington law requires you [...]

When a Minor Commits a Crime

Learn about who is eligible to be tried in juvenile court and what to expect in that court. “Juvenile justice” is an umbrella term for the special procedures set up by every state to deal with young people whose cases belong in juvenile court. Juvenile courts handle most of the cases in which young people [...]

Your Snohomish County Speeding and Traffic Tickets Dismissed!

Hire a Snohomish County speeding ticket lawyer to fight your Snohomish County speeding or traffic ticket. Keep your infracton off your driving record and insurance.

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