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In Gant, the U.S. Supreme Court ruled that an officer cannot search an arrestee’s vehicle simply because the individual was lawfully arrested (known as a search incident to arrest). To justify a search an officer must also have probable cause to believe that evidence of a crime is located within the vehicle.
A “prior offense” under Washington’s DUI statute means an offense that occurred prior to the current offense. While this sounds pretty straight forward the issue did make it all the way to the Supreme Court and actually overturned an appellate court ruling in opposite to this ruling.
Travelling outside one’s lane of travel a single time, without additional observations, does not justify a traffic stop for DUI.
Physical Control is an included offense of DUI. Thus in Washington DUI cases, prosecutors may advance both a DUI and Physical Control theory at trial without charging separate offenses. Note: In Washington the question is whether a charge is an “included offense” as opposed to a “lesser included offense” (which is the inquiry in most States).
More Important Washington DUI cases:
Airway Heights v. Dilley
Alforde v. DOL
Alwood v. Harper
Auburn v. Hedlund
Ball v. DOL
Bellevue v. Olson
Bellevue v. Moffitt
Bellevue v. Redlack
Blaine v. Suess
Bokor v. DOL
Borger v. DOL
Bremerton v. Corbett
Bremerton v. Tucker
Burnett v. DOL
Butler v. Kato
Campbell v. DOL
Cannon v. DOL
Clarkston v. Stone
Clement v. DOL
Clough v. Seattle
Clyde Hill v. Rodriguez
Conolly v. DMV
Cooper v. DOL
College Place v. Staudenmaier
DOL v. Lax
DOL v. McElwain
DOL v. Sheeks
Edmonds v. Ostby
Fircrest v. Jensen
Frank v. DOL
Gibson v. DOL
Graham v. DOL
Grewal v. DOL
Hienemann v. Whitman
In re Richie
Johnson v. DOL
Jury v. DOL
Keefe v. DOL
Kent v. Beigh
Kent v. Jenkins
Kirkland v. O’Connor
Letourneau v. DOL
Lewis v. DOL
Lytle v. DOL
Mairs v. DOL
McGuire v. Seattle
Medcalf v. DOL
Medcalf v. DOL
Medina v. Primm
Montesano v. Wells
Mount Vernon v. Cochran
Mount Vernon v. Mount Vernon Municipal Court
Mount Vernon v. Quazada-Avila
Nettles v. DOL
O’Neil v. DOL
Pattison v. DOL
Paulson v. DOL
Richland v. Michel
Rockwell v. DOL
Roethle v. DOL
Schlegel v.DOL
Seattle v. Allison
Seattle v. Box
Seattle v. Carnell
Seattle v. Clark-Munoz
Seattle v. Fettig
Seattle v. Gellein
Seattle v. Heatley
Seattle v. Koch
Seattle v. Mesiani
Seattle v. Norby
Seattle v. Personeus
Seattle v. Sandholm
Seattle v. Stalsbroten
Seattle v. Tolliver
Seattle v. Wakenight
Seattle v. Williams
Shelden v. DOL
Shuman v. DOL
Smith v. DOL
Spokane v. Beck
Spokane v. Kruger
State v. Amurri
State v. Anderson
State v. Avery
State v. Baity
State v. Baker
State v. Baldwin
State v. Barefield
State v. Bartels
State v. Bays
State v. Bence
State v. Berkley
State v. Bosio
State v. Bostrom
State v. Brayman
State v. Brockman
State v. Brockob
State v. Cascade District Court
State v. Cerrillo
State v. Cissne
State v. Clark
State v. Cohen
State v. Cole
State v. Crediford
State v. Darnell
State v. Day
State v. Donahue
State v. Dunivin
State v. Elgin
State v. Entzel
State v. Evergreen District Court
State v. Fitzsimmons
State v. Ford
State v. Franco
State v. Garrett
State v. Gettman
State v. Gillenwater
State v. Glessner
State v. Grant
State v. Griffith
State v. Hahn
State v. Hansen
State v. Hamrick
State v. Hazzard
State v. Henthorn
State v. Hettich
State v. Higley
State v. Hill
State v. Holcomb
State v. Hultenschmidt
State v. Hurd
State v. Ivie
State v. Johnson
State v. Jones
State v. Keller
State v. Kirkpatrick
State v. Knox
State v. Kronich
State v. Kuhn
State v. Lewis
State v. Long
State v. MacKenzie
State v. Martin
State v. Maxey
State v. McClendon
State v. McGinty
State v. McNichols
State v. Merritt
State v. Olsson
State v. O’Neill
State v. Ortiz
State v. Parker
State v. Peterson
State v. Prok
State v. Randhawa
State v. Reed
State v. Reid
State v. Reier
State v. Rivard
State v. Robbins
State v. Rogers
State v. Rogers
State v. Rushing
State v. Russell
State v. Shabel
State v. Sanchez
State v. Shattuck
State v. Sjogren
State v. Smelter
State v. Smith
State v. Straka
State v. Stannard
State v. Steinbrunn
State v. Stivason
State v. Teller
State v. Templeton
State v. Terrovona
State v. Thomas
State v. Trevino
State v. Vasquez
State v. Votava
State v. Walker
State v. Watson
State v. Weston
State v. Wilbur-Bobb
State v. Whitman County District Court
State v. Wilhelm
State v. Williams
State v. Wittenbarger
State v. Woolbright
State v. Zwicker
Steffen v. DOL
Sunnyside v. Fernandez
Sunnyside v. Sanchez
Sunnyside v. Wendt
Tacoma v. Belasco
Tacoma v. Durhman
Tennant v. Roys
Thompson v. DOL
Thompson v. DOL
Vance v. DOL
Waid v. DOL
Walk v. DOL
Walla Walla v. Greene
Walla Walla v. Greene – dissent
Walla Walla v. Topel
Williams v. DOL
Williams v. DOL
Woolman v. DOL