DUI Task Force Looking For Drunk Drivers in Mukilteo

On July 21, 2011, in DUI Articles, DUI Defense, Mukilteo, Resources, Snohomish County, Washington, by Scott W Lawrence

From Thursday July 21, 2001 until Thursday, August 4, 2011 Target Zero DUI Task Force Troopers will be working with Mukilteo Police Department to increase DUI arrests in the Mukilteo, Washington area. These extra DUI and Speeding Ticket patrols will include areas of Mukilteo where there have been fatality or severe injury collisions and/or complaints [...]

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 [...]

Tougher DUI Sentencing On The Way in Washington State

On April 25, 2011, in Caselaw, DOL, DUI Defense, Resources, by Scott W Lawrence

Washington House Bill 1789, which modifies a number of existing DUI provisions, is sitting on Governor Gregoire’s deck after recently passing both the House and Senate by unanimous vote. Gregoire is expected to sign the bill into law. The legislation does not include the DUI checkpoints advocated for by the Washington State Patrol. (Checkpoints are [...]

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 [...]

The Supreme Court mandates that criminal defense attorneys advise clients of immigration consequences of a criminal conviction.

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 [...]

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 [...]

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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