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 [...]

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 [...]

The Double-Edged Sword of DUI Prosecution in Washington

When you are charged with DUI in the State of Washington you face sanctions from both the courts and DOL. DOL hearing officers, the prosecutors and the officers are not going to present your side of the story. The sanctions you face, losing your license, freedom and more, can be severe. The stress, frustration, and [...]

City of Seattle v. Quezada (Washington Supreme Court Decision – October 29, 2009)

IN THE SUPREME COURT OF THE STATE OF WASHINGTON No. 81279-9 (consolidated) CITY OF SEATTLE v. QUEZADA, Filed October 29, 2009 ______________________________ CHAMBERS, J. — In separate prosecutions, petitioners Scott Winebrenner and Jesus Quezada were each found guilty of driving under the influence (DUI) after their deferred prosecutions were revoked by the trial court. In [...]

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, [...]

STATE V. TONELLI-PRADO, 145 Wn. App. 646 (Div. I, 2008)

On February 5, 2010, in Criminal Defense, Drivers' Rights, DUI Articles, DUI Defense, Individual Rights, Resources, by Scott W Lawrence

[No. 59133-9-I. Division One. July 7, 2008.] THE STATE OF WASHINGTON, Petitioner, v. BENJAMIN TONELLI PRADO, Respondent. Daniel T. Satterberg, Prosecuting Attorney, and Heidi J. Jacobsen-Watts and Christina Miyamasu, Deputies, for petitioner. Mark L. Langley (of Associated Counsel for the Accused) and Kevin P. McCabe, for respondent. Authored by C. Kenneth Grosse. Concurring: Susan Agid, [...]

STATE V. GARVIN, 166 Wn.2d 242 (2009)

[No. 80941-1. En Banc.] Argued February 12, 2009. Decided May 28, 2009 THE STATE OF WASHINGTON, Respondent, v. ANTHONY GAYLORD GARVIN, Petitioner. STEPHENS, J., did not participate in the disposition of this case. Casey Grannis (of Nielsen, Broman & Koch, PLLC), for petitioner. Ronald S. Zirkle, Prosecuting Attorney, and Kevin G. Eilmes, Deputy, for respondent. [...]

Interlock Ignition Device (IID) Providers

On January 29, 2010, in DOL, DUI Articles, DUI Defense, Washington, by Scott W Lawrence

An IID (Interlock Ignition Device) can be a good alternative to jail, bail and lengthy license suspensions. Do Interlock Ignition Devices prevent drunk driving? The prosecutors, courts nad Washington DOL think so. Because of this, Smart Start interlock ignition device (“go-n-blows”) monitoring can be a preferable, cost-effective alternative to jail time, bail or driver’s license [...]

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