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 [...]

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 [...]

Police Questioning: When Miranda Warnings Are Required

What really happens if the police fail to read a suspect his rights. Many people believe that if they are arrested and not “read their rights,” they can escape punishment. Not true. But if the police fail to read a suspect his or her rights, the prosecutor can’t use anything the suspect says as evidence against [...]

State v. Nguyen, 165 Wn.2d 428 (2008)

[No. 80752-3. En Banc.] Argued October 14, 2008. Decided December 31, 2008 THE STATE OF WASHINGTON, Respondent, v. HUYEN BICH NGUYEN, Petitioner. Huyen Bich Nguyen, pro se. Daniel T. Satterberg, Prosecuting Attorney, and Andrea R. Vitalich, Deputy, for respondent. Author: Justice Barbara A. Madsen. WE CONCUR: Chief Justice Gerry L. Alexander, Justice Charles W. Johnson, [...]

Anger Managment & Domestic Violence Counseling

If you’ve convicted of an assault, disorderly conduct or a “domestic violence” offense you will most likely be required to do a minimum of an 8-hour Anger Managment class.   Sometimes you may want to do this pre-trial for negotiation purposes (consult a criminal defense attorney to see if this makes sense in your cae).  There [...]

Understanding Search and Seizure Law

Learn when the government can invade your privacy to hunt for evidence of a crime. The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search [...]

Defenses to Criminal Charges

Here are some of the common defenses that criminal defendants can raise to defend against criminal charges. To convict a criminal defendant, the prosecutor must prove the defendant guilty beyond a reasonable doubt. As part of this process, the defendant is given an opportunity to present a defense. There are many types of defenses, from [...]

Odor of Marijuana – State v. Grande, 164 Wn.2d 135 (2008)

LAW OFFICE OF SCOTT LAWRENCE CASE COMMENTS: Washington Supreme Court case dealing with detention and arrest based solely on the odor of marijuana. The case is often cited for the odor of marijuana does not give probable cause to arrest. This is an oversimplification of the case. The odor of marijuana in a single occupant [...]

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