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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 [...]
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 [...]
[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, [...]
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 [...]
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 [...]
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 [...]
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 [...]