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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 [...]
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 [...]
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 [...]
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 [...]
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 [...]