New DUI Law in Washington Requires Mandatory Towing

If you are arrested for a DUI offense in Washington State for DUI offenses the officer will be required to impound your vehicle for 12 hours. The new DUI bill was signed into law Wednesday by Gov. Chris Gregoire and will take effect in July, 2011. “Hailey’s Law,” named after a driver who had a [...]

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 [...]

Refusing to perform DUI roadside tests is not indicative of a “conciousness of guilt.”

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 [...]

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 [...]

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 [...]

When is it “unreasoanble” to ask for a blood draw?

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 [...]

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 [...]

What is the definition of a “prior DUI” in Washington?

On January 11, 2011, in Drivers' Rights, DUI Articles, DUI Defense, Resources, Snohomish County, Washington, by Scott W Lawrence

Scott Winebrenner and Jesus Quezada were on deferred prosecutions in the City of Seattle for seperate DUI offenses. Both committed and were sentenced on new DUI charges. The Seattle Municipal Court judge revoked their deferred prosecutions and proceeded to sentencing. The Assistant City Attorney argued that the new DUIs should be considered “prior DUIs” for [...]

Arizona Supreme Courts creates a test for deciding if a driver is in “physical control” of a vehicle.

On January 11, 2011, in Drivers' Rights, DUI Articles, DUI Defense, Monroe, Resources, Snohomish County, Washington, by Scott W Lawrence

Did you know you can be found guilty of “DUI” simply by sitting behind the wheel of your car while over the legal limit? “Physical Control” is essentially the same crime as DUI without the driving element (.08% or higher within 2 hours of being in control of a vehcile). The potential and minimum punishments [...]

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